Allowed

Kleshar Bhagat @ Kaleshwar Bhagat @ Kaleshar Bhagat v. The State Of Bihar

Patna HC2 Aug 2024CR. MISC./55240/2024

Case brief

AI extract

What is this about?

This High Court allowed a petition for regular bail in a case under Section 376 IPC, noting that the trial has not concluded within the court's earlier mandated period of nine months. The order directs the petitioner to be enlarged on bail under specified conditions.

What did the court decide?

Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-Ist, Vaishali, under specified con

Kleshar Bhagat @ Kaleshwar Bhagat @ Kaleshar… — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55240 of 2024

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Arising Out of PS. Case No.-97 Year-2023 Thana- LALGANJ District- Vaishali

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

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Kleshar Bhagat @ Kaleshwar Bhagat @ Kaleshar Bhagat Son of Late Shambhu Bhagat R/O Vill.- Sirsha Biran, Sirsa Virna, P.S.- Lalganj, Dist.Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ravish Mishra, Advocate For the State : Mr. Upendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 02-08-2024

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Heard Ld. counsel for the petitioner and learned APP

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for the State.

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2. The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 97 of 2023, S.T. No. 276 of 2023, dated 03.03.2023 registered for the offences punishable under Section 376 of the Indian Penal Code.

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3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 43007 of 2023, which was rejected vide order dated 06.09.2023, with an observation that if the trial is not concluded within nine months, the petitioner would be at liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide

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Patna High Court CR. MISC. No.55240 of 2024(2) dt.02-08-2024 2/3

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present application, has renewed his prayer for bail.

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4. He further submits that the petitioner is languishing in jail since 03.03.2023.

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5. It transpires from the order dated 06.07.2024, passed by Ld. Additional Sessions Judge-Ist, Vaishali at Hajipur in Sessions Trial No. 276 of 2023 that the trial is not complete as yet.

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6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed , directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge-Ist, Vaishali at Hajipur in Sessions Trial No. 276 of 2023 arising out of Lalganj P.S. Case No. 97 of 2023 on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required.

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(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court

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Patna High Court CR. MISC. No.55240 of 2024(2) dt.02-08-2024 3/3

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whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.

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(Jitendra Kumar, J.)

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Chandan/ ravishankar -

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U T

Kleshar Bhagat @ Kaleshwar Bhagat @ Kaleshar Bhagat v. The State Of Bihar

Case brief

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Kleshar Bhagat @ Kaleshwar Bhagat @ Kaleshar Bhagat v. The State Of Bihar

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