Munna Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24623 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Munna Mian, S/o Kalam Mian, R/o Village- Belbania, P.S- Shikarpur, District- West Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the State : Mr. J.K. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 15.7.2017 in connection with Purushottampur P.S. Case No.34 of 2017 for the offences alleged under Sections 363, 366(A)/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated which is self evident from the deposition of the socalled victim girl recorded in course of trial wherein she has categorically stated that she had gone to aunt's house and that she had not been abducted nor sexually assaulted by anyone. She has been declared hostile witness. Petitioner claims clean antecedent.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above
Patna High Court Cr.Misc. No.24623 of 2018 (2) dt.01-05-2018 2/2 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned Additional District and Sessions Judge-Istcum-Special Judge, Bettiah, West Champaran, in connection with Purushottampur P.S. case No.34 of 2017, on the following conditions :
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T