Nitesh Das vs The State Of Bihar on 12 November, 2014

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Patna High Court - Orders

Nitesh Das vs The State Of Bihar on 12 November, 2014

Bench: Akhilesh Chandra

     Patna High Court Cr.Misc. No.19240 of 2014 (5) dt.12-11-2014




                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.19240 of 2014

                  Arising Out of PS.Case No. -219 Year- 2013 Thana -BAUSI District-
                  PURNIA
                  ======================================================
                  Nitesh Das Son of Sri Arun Das Resident of village- Bakria, Police Station-
                  Baisi, District- Purnea

                                                                          .... ....   Petitioner/s
                                                         Versus
                  1. The State of Bihar
                  2. Chunia Kumari, D/o - late Taj Narayan Das
                  3. Prabhas Das, son of Qutub Lal Das

                                                                 .... .... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr. Md. Rahmatullah
                  For the Opposite Party/s   : Mr. Bharat Lal(APP)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                  ORAL ORDER

5.      12-11-2014

Heard learned counsel for the petitioner, learned counsels appearing for the opposite party nos. 2 and 3 and learned Additional Public Prosecutor for the State.

The petitioner, who apprehends his arrest in connection with a case registered for the offence punishable under Sections 376, 420, 313, 511, 201/34 of the Indian Penal Code, is one of the named accused instituted on the basis of complaint case no. 3397 of 2013 with allegation of sexual assault and subsequent changing stand and compelling the complainant to dance at his tune as detailed in the complaint petition.

After some arguments, parties are in agreement to stood DNA Test including the child born out of the sexual relationship and abide by the results.

In view of the above, in the event of filing duly Patna High Court Cr.Misc. No.19240 of 2014 (5) dt.12-11-2014 verified application before the court below supported with personal affidavit stating all such submissions including bearing the cost of the DNA Test, in the event of his arrest or surrender before the court below within four weeks, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 219 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

However, prosecution is at liberty to seek cancellation of the privilege granted to the petitioner if anything specific (including DNA Test) emerged against him.

Rajeev/-                                                                 (Akhilesh Chandra, J.)

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Patna High Court - Orders