Sitam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80349 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Sitam Kumar Son Of Mahesh Ram R/O Village- Kanti Kusi Harpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Nitu Kumari For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 328, 354(B), 34 of the Indian Penal Code.
3. As per the prosecution case, petitioner along with other co-accused persons caught the informant's daughter with bad intention and made her to drink unconscious drug. Somehow the victim managed to run away from there.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner
Patna High Court CR. MISC. No.80349 of 2023(4) dt.03-04-2024 2/3 has not arrested by police rather villagers have caught him in the name of village panchayati and, thereafter, he was handed over the police. He further submits one of the co-accused has been granted regular bail by the learned Court below. The petitioner has no criminal antecedent and has been languishing in custody since 28.08.2023.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid and the fact that there is general and omnibus allegation against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Karja (karza) P.S. Case No. 297 of 2023 subject to the following conditions : (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present
Patna High Court CR. MISC. No.80349 of 2023(4) dt.03-04-2024 3/3 in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) anand/- U T