Allowed

Pramod Kumar v. The State of Bihar

Patna HC3 Aug 2023CR. MISC./17783/2023

Case brief

AI extract

What is this about?

Counsel for the petitioner applied for regular bail in a rape case involving the accused and firearms. The Court, considering the length of custody and clean antecedents, granted bail subject to conditions regarding court attendance.

What did the court decide?

The petitioner was enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount, subject to conditions regarding physical presence in court.

Pramod Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17783 of 2023

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Arising Out of PS. Case No.-209 Year-2022 Thana- RAMKRISHNANAGAR District- Patna

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======================================================

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Pramod Kumar Son Of Umesh Prasad Resident Of Village - Ramkrishna Amardip Nagar, P.S. - Ramkrishna Nagar, Distt. - Patna

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate Mr. Saroj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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... ... Opposite Party/s

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ORAL ORDER

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3 03-08-2023

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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2 . Heard learned counsel for the petitioner and learned A.P.P for the State.

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3 . The petitioner has preferred this application for grant of regular bail in connection with Ram Krishna Nagar P.S. Case No. 209 of 2022 dated 07.05.2022 registered for the offences u/s 376D read with section 34 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

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4 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed rape on the

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Patna High Court CR. MISC. No.17783 of 2023(3) dt.03-08-2023 2/3

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informant one after another on the point of pistol.

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5 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that as per medical report, the doctor has opined that there is no mark of violence seen in the private part of the victim. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 19.06.2023 passed in Cr. Misc. No. 2225 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.05.2022.

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6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Ram Krishna Nagar P.S. Case No. 209 of 2022, with the condition/s:-

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( i ). The petitioner is directed to remain physically

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Patna High Court CR. MISC. No.17783 of 2023(3) dt.03-08-2023 3/3

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present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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cause, the bail bond of the petitioner is liable to cancelled.

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8 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Pramod Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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