Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76263 of 2019 Arising Out of PS. Case No.-598 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

RAHUL KUMAR Son of Sri Krishna Yadav @ Sri Krishna Kant Kumar Resident of Village - Kanaudi, P.S.- Jehanabad, (Karouna O.P.), Distt - Jehanabad.

2.

Babloo Kumar Son of Sri Rajendra Yadav Resident of Village - Kanaudi, P.S.- Jehanabad, (Karouna O.P.), Distt - Jehanabad. ... ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party :

Mr.Ajay Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 323/34 and other allied sections of the Indian Penal Code and under section 8 of the POCSO Act.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Police after investigation submitted final form in the case. Petitioners have got no criminal antecedent. Similarly situated co-accused Vicky Kumar has already been allowed bail by a bench of this Court vide order dated 27.11.2019, passed in Cr.Mis.No. 74288/2019. In view of the facts and circumstances of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender within a period of six weeks from today, let the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Jehanabad (Karauna OP) Police Station Case

Patna High Court CR. MISC. No.76263 of 2019(3) dt.19-02-2020 2/2 No. 598 of 2018, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T