In Criminal Miscellaneous No. 63112 of 2018, Justice Anjana Mishra granted bail to the petitioner, who was in custody for rape and other offences, subject to furnishing a bail bond and conditions to cooperate with the victim.
Released on bail on furnishing bond of Rs. 10,000 with two sureties, subject to conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63112 of 2018
Arising Out of PS. Case No.-255 Year-2017 Thana- MANJHAGARH District- Gopalganj
====================================================== Sami Alam Son of Anwar Miya, resident of Village- Indarwa, P.S.-Thawe, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr.Sri Nagendra Prasad, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody since 28.02.2018 in connection with Majhagarh P.S. Case No. 255 of 2017 for the offence registered under Sections 376, 406, 420 and 366A of the Indian Penal Code.
Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected by this Court vide order dated 19.07.2018 passed in Cr. Misc. No. 42536 of 2018. It is further submitted that liberty had been granted to the petitioner to move this Court for renewing his prayer for bail after framing of charge. It is further submitted that charge has now been framed and the petitioner shall cooperate in the trial. It is further submitted that the petitioner is willing to keep his wife and as per the case diary, it has also come that the
Patna High Court Cr.Misc. No.63112 of 2018(3) dt.15-02-2019 2/2
informant’s daughter has expressed her willing to live with the present petitioner.
Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-I, Gopalganj in connection with S. Tr. No. 409 of 2018 arising out of Majhagarh P.S. Case No. 255 of 2017.
It is made clear that if the petitioner does not cooperate with his wife and live abnormally with her and her child, it shall be open for her to move before this Court for cancellation of his bail.
(Anjana Mishra, J)
Jagdish/-
U
2 issues framed by the court
Whether the petitioner should be granted bail in the offence of rape and cognate crimes.
Whether the undertaking to cooperate with the victim would satisfy bail conditions.
Sami Alam
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
