Santosh Singh @ Gabbar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82717 of 2019 Arising Out of PS. Case No.-354 Year-2017 Thana- GAYA MUFASIL District- Gaya ====================================================== Santosh Singh @ Gabbar Singh, aged about 40 years (Male) S/o Tulshi Singh R/o Mohalla- Suryadeo Nagar, P.S.- Muffasil, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in Muffasil P.S. Case No. 354 of 2017 registered under Sections 341, 323, 504, 506, 354, 354 (D)/34 of the Indian Penal Code. The prosecution case in brief is that on 28.10.2017 accused persons entered into the house of the informant and abused her. It is further alleged that when she was going to market, she was chased and then molested by accused person along with his friends namely Abhinay and Deepak. It has further been submitted that her husband is a handicapped person. The accused persons also threatened her as well as her husband to kill. It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.82717 of 2019(2) dt.18-12-2019 2/3 petitioner that petitioner has falsely been implicated in this case. As a matter of fact, there is no allegation of overt act against the petitioner and moreover this petitioner has falsely been implicated in this case because being local resident and next door neighbour petitioner tried to pacify the dispute of the family of informant and being annoyed by the same, this false case has been lodged against the petitioner in order to put pressure upon him. The petitioner is having no criminal antecedent and there is also no threat of tampering with the evidence against him.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-XI, Gaya in connection with Muffasil P.S. Case No. 354 of 2017, on 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.

Patna High Court CR. MISC. No.82717 of 2019(2) dt.18-12-2019 3/3 (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) shakir/- U T