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2018 DIGILAW 1531 (PAT)

MD Tabrej v. State of Bihar

2018-09-24

VINOD KUMAR SINHA

body2018
JUDGMENT : VINOD KUMAR SINHA, J. 1. Heard the parties. 2. The petitioner seeks regular bail in connection with Sanhaula P.S. Case no.252 of 2017 dated 1.12.2017 G.R.No.6486 of 2017 registered for offences punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code. 3. Allegation against the petitioner is that he has physical relation with the informant and due to that she became pregnant and when she informed about the same to the petitioner, she was assaulted and when family members of the petitioner were informed they also assaulted. 4. Submission of the learned counsel for the petitioner is that the informant is major and the FIR itself shows that physical relation was made with consent. The petitioner is in custody since 25.1.2018. 5. Heard learned A.P.P. also. 6. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Bhagalpur in connection with Sanhaula P.S. Case no.252 of 2017 dated 1.12.2017 G.R.No.6486 of 2017 7. With following conditions : (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond. 8. With the aforesaid observation, this application is allowed.