Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85826 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- PIPRA District- Patna ====================================================== RAMESH KUMAR Son of Ram Swarath Paswan, Resident of Village - Khairi Tola, Bajitpur, P.S.- Pipra, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Prakash Prabhakar For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 28-05-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 376 and 506 of the Indian Penal Code and Section 66(c) of IT Act. Allegation against the petitioner is attempt to drag away informant from the vehicle which she was travelling with her husband, in order to commit rape. It has been further alleged that previously petitioner had induced informant and established physical relation with her under threat to kill her brother and make her video viral.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to
Patna High Court CR. MISC. No.85826 of 2019(4) dt.28-05-2020 2/3 personal enmity and vendetta. There is case and counter case between the parties. Petitioner had also instituted case for assault in which husband of informant was taken into custody and present case is counter blast of said case. No incriminating article has been recovered from possession of petitioner. It has further been submitted that informant is married and happily living in her matrimonial house and petitioner is in jail in a concocted and false case. It has further been submitted that earlier no kidnapping or rape case was lodged by the informant. Petitioner has no criminal antecedent and he is in custody since 07.09.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pipara P.S. Case No. 99 of 2019, District, Patna, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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
Patna High Court CR. MISC. No.85826 of 2019(4) dt.28-05-2020 3/3 directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) 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.
(S. Kumar, J) Sanjay/- U T