Md. Raju v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43141 of 2017 Arising Out of PS.Case No. -253 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Md. Raju Son of late Md. Abdul Majid Resident of Village- Ninga tola Mohari, P.S. Barauni, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 07.07.2017 in connection with Barauni P.S. Case No. 253 of 2017 for offences punishable under Sections 376/511 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while she had gone for natural call, the petitioner tried to commit rape on her. On Hulla, he was caught and was also injured.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has
Patna High Court Cr.Misc. No.43141 of 2017 (4) dt.22-12-2017 2/3 been falsely implicated in the aforesaid case. In fact the petitioner was working as a plumber and was called for repairing of hand pump and was not paid any remuneration, thereafter a false case has been lodged against him. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 253 of 2017, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
Patna High Court Cr.Misc. No.43141 of 2017 (4) dt.22-12-2017 3/3 (2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T