, single judge allowed the criminal appeal seeking regular bail for the appellant, who was accused of sexual assault and related offences, directing his release on bail conditions.
, release on bail on furnishing bond of Rs. 25,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1802 of 2017
Arising Out of PS.Case No. -41 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. Raj Bansh Dubey For the Respondent/s : Mr. Binay Krishna
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 03-07-2017 The appellant seeks regular bail in connection with Pipra Kothi P.S. Case No. 41 of 2017, registered for offences punishable under Sections 376 and 313 of Indian Penal, Section 4 of POCSO Act and Section 3(i) (r)(s) of SC/ST (POA) Act.
Allegation against the appellant that he made physical relationship with the informant on the pretext of marriage but later on he refused to marry her and the girl was minor.
It has been submitted on behalf of the appellant that he has falsely been implicated in this case and in this case chargesheet has been filed, which shows that the girl is not minor. Further prior to lodging of the case, appellant has filed a complaint
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case against the informant being Complaint Case No. 2543/16 against the informant and others as they were demanding four kathas of land from him and also assaulted him. Further appellant has been in custody since 23.02.2017.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-Cum-Special Judge, SC/ST(POA) Act, East Champaran, Motihari, in connection with Pipra Kothi P.S. Case No. 41 of 2016, subject to the following conditions:-
(i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant will not induce any witness or tamper with the evidence.
(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event
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of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether the appellant is eligible for regular bail in a case involving offences under Sections 376, 313 IPC, POCSO Act and SC/ST (POA) Act.
Ramawtar Chaudhary @ Ramanutar Chaudhary
The State of Bihar
Radha Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
