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Pramod Kumar @ Pramod Sah vs The State Of Bihar on 5 March, 2020

Arising Out of PS. Case No.-36 Year-2019 Thana- KARAMCHAT District- Kaimur (Bhabua)

PRAMOD KUMAR @ PRAMOD SAH S/o Lallan Sah R/o village- Baheri,
P.S.- Karamchat, District- Kaimur at Bhabua

… … Petitioner/s
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey
For the Opposite Party/s : Mr.Satyendra Prasad


3 05-03-2020 Heard learned counsel for the petitioner and learned APP
for the State.

2. The petitioner apprehends his arrest for the offences alleged
under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code
registered in connection with Karamchat P.S. Case No. 36 of 2019.

3. It is submitted that the petitioner has been falsely implicated
and the accusation under Section 354 of the Indian Penal Code is mere
embellishment with a view to adding gravity of the offences alleged. It
is submitted that such accusation is highly improbable as the
petitioner is none other than the younger brother-in-law of the
informant. It is further submitted that in any event the ingredients of
Section 354 IPC is not made out. The petitioner is accused in one prior
case in which he is on bail.

4. Be that as it may, in the event of the petitioner’s arrest or
surrender before the court below within six weeks from the date of
communication of this order, let the above named petitioner be
released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of like amount each to the satisfaction of learned
Judicial Magistrate 2nd Class, Kaimur at Bhabua in connection with
Karamchat P.S. Case No. 36 of 2019., subject to the conditions as laid
Patna High Court CR. MISC. No.69574 of 2019(3) dt.05-03-2020

down under Section 438 (2) Cr.P.C. and also subject to the following
further conditions:

i. That one of the bailors shall be a close relative of the petitioner.

ii. That the petitioner shall not indulge in any similar offence till
conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not
already concluded, and make himself available as and when so
required and in case of failure, the State shall be at liberty to move for
cancellation of bail.

iv. The petitioner shall remain physically present in Court on each
and every date during trial and in the event of failure on two
consecutive dates without sufficient reason, his bail bond shall be
liable to be cancelled by the learned Court concerned.

(Vikash Jain, J)


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