Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75723 of 2019 Arising Out of PS. Case No.-1106 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Sushil Kumar Son of Ram Prasad Rai Resident of Village-Mohanpur, P.S and District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sitamarhi P.S. Case No. 1106 of 2018, registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code. The informant alleged that while his daughter (minor) had gone for tuition, the accused persons including this petitioner enticed her away for illicit purpose. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. The victim in her statement under Section 164 has not stated about any misbehaviour or any ill-treatment by the petitioner rather she stated that this petitioner helped her in reaching before the police. Charge-sheet has already been submitted. Petitioner is in custody since 23.07.2019 having

Patna High Court CR. MISC. No.75723 of 2019(2) dt.27-11-2019 2/2 clean antecedent.

In view of the statement of victim under Section 164 Cr.P.C. that victim has not stated about any misbehaviour or any ill-treatment by the petitioner, the petitioner above-named, 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, Sitamarhi in connection with Sitamarhi P.S. Case No. 1106 of 2018, subject to the following 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 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