Patna High Court granted bail to the petitioner under CrPC following a compromise of the criminal case, directing release on executing a bail bond with two sureties.
Petitioner directed to be released on bail upon execution of bond of Rs. 10,000/- with two sureties.
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Patna High Court Cr.Misc. No.44854 of 2014 (2) dt.17-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44854 of 2014
Arising Out of PS.Case No. -249 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Shri Ram Sah Son of Shiv Pujan Sah Resident of Mohalla- Puranigudari, Turha Toli, Ward no.-10, P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajeet Kumar For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
Petitioner seeks bail in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 249 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 341, 448, 380, 307, 427, 354 (B), 504, 506, 376, 511 of the Indian Penal Code.
Allegedly, the petitioner and co-accused entered into the house of informant and the petitioner and Lallu Sah caught hold the informant and co-accused Rajan Sah tried to outrage her modesty and when Santosh Singh the nephew of the informant came for rescue, he was assaulted by the petitioner and others and
Patna High Court Cr.Misc. No.44854 of 2014 (2) dt.17-12-2014
further they called other co-accused and assaulted the informant, her husband and Santosh Singh and took away cash of Rs. 17400/from the box of the shop and damaged the bottles of Pepsi.
Submission at the bar for release of the petitioner is that there was free fight between the parties wherein Rajan Sah also received injury and now due to intervention of well wishers the matter has been compromised and a compromise petition has been filed in the court below vide annexure-2 series. It has further been submitted that in this case the Police has submitted chargesheet under Sections 147, 148, 149, 323, 324, 341, 448, 380, 307, 427, 354 (B), 504, 506 of the of the Indian Penal Code and Section 8 of Prevention of Children from Sexual Offences Act to which the learned APP opposes.
In the facts and circumstances stated above, considering the fact that the parties have compromised the case and further considering the period of detention i.e. from 20.6.2014, the petitioner Shri Ram Sah is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 249 of 2014, subject to the conditions that one of the bailors
Patna High Court Cr.Misc. No.44854 of 2014 (2) dt.17-12-2014
must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
Shri Ram Sah
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
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