Mannu Singh @ Sumant Kumar Singh @ Sumant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81243 of 2024 Arising Out of PS. Case No.-29 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Mannu Singh @ Sumant Kumar Singh @ Sumant Singh S/O Binod Singh R/O Village- Barhara, P.S.- Bhorey, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mansi Kumari D/O Sanjay Singh R/O Village- Hardia, P.S- Bhore, Distt.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-11-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks regular bail in connection with Bhore P.S. Case No. 29 of 2020, dated 27.01.2020, registered for the offences punishable under Sections 363/34 of the Indian Penal Code and subsequently added 376 IPC, but charge-sheet was submitted for the offences under Sections 363, 366A and 376A of the Indian Penal Code and Section 4/6 of POCSO Act.

3. The petitioner was already on bail vide order dated 02.01.2023 passed in Criminal Misc. No. 200 of 2022. However, he could not attend the Trial Court on one date on account of ignorance of the date of hearing and hence, his bail

Patna High Court CR. MISC. No.81243 of 2024(2) dt.22-11-2024 2/3 bond was canceled. Consequently, he is in custody since 11.09.2024 after surrender.

7. Considering the submission of ignorance of the petitioner regarding the date of hearing in the Court below, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge-VI-cum-Special Judge, POCSO, Gopalganj in connection with Bhore P.S. Case No. 29 of 2020 (POCSO Case No. 71 of 2021) on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

Patna High Court CR. MISC. No.81243 of 2024(2) dt.22-11-2024 3/3 (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J) ravishankar/- U T