Patna High CourtCR. MISC./44623/2018bail granted

Krishna Kumar Kanhaiya v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44623 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Krishna Kumar Kanhaiya Son of Ganesh Prasad Gupta Resident of Mohalla- Triveniganj Thana Road, P.S. Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 The petitioner is in custody since 05.06.2018 in connection with Supaul Mahila P.S. Case No. 83/018, registered for offences punishable under Sections 312, 313, 120(B) of the Indian Penal Code.

Allegation against the petitioner and others is of unlawful termination of pregnancy of a minor girl. It has been submitted on behalf of the petitioner that he has falsely been made accused in this case only because, he happens to be the landlord of the house, in which, the alleged clinic was being run by the co-accused persons. It has also been submitted that in this case statement of the girl under Section 164 Cr.P.C. was recorded, in which, she has not supported the case of prosecution.

Patna High Court Cr.Misc. No.44623 of 2018 (3) dt.05-09-2018 2/2 Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate - Supaul, in connection with Supaul Mahila P.S. Case No. 83/018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T