Ankit Kumar @ Om Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69676 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== Ankit Kumar @ Om Kumar Son of Ravi Kant Singh @ Laltun Singh Resident of Village- Mankarariya, P.S- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Paharpur P.S. Case No. 230 of 2019, registered for the offences punishable under Sections 341, 323, 354, 379, 504, 506 and 34 of the Indian Penal Code.

Informant alleged that on 09.07.2019 while his Bhagini was going to coaching, three accused persons including this petitioner made vulgar comment on her and Ankit Kumar (petitioner) caught her hand.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. In fact, one of the co-accused Laltun Singh @ Ravikant Singh had lodged Paharpur P.S. Case No. 224 of 2019 against

Patna High Court CR. MISC. No.69676 of 2019(2) dt.16-11-2019 2/3 the informant and others on 10.07.2019, thereafter, the informant to save his skin lodged the present case on 14.07.2019. The statement of victim girl is also not recorded. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 230 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.69676 of 2019(2) dt.16-11-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T