Raja Kumar @ Ashutosh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.1703 of 2016 (5) dt.14-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1703 of 2016 Arising Out of PS.Case No. -325 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Raja Kumar @ Ashutosh son of Chandraket Rai

2. Bittu Kumar son of Rajendra Rai Boyh residents of Mohalla- Dighikala, P.S.- Hajipur Sadar, DistrictVaishali at Hajipur.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-03-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Hajipur Sadar P.S. Case No. 325 of 2015 registered for the offences punishable under Sections 364(a), 377, 392/34 of the Indian Penal Code. Allegation against the petitioners is that the petitioners and other co-accused kidnapped the informant, demanded ransom of Rs. 2,00,000/- from his sister and on refusal snatched Rs. 200/- from his pocket and committed unnatural sex with him one by one. Submission is of false implication and that the petitioners are in custody since 01.07.2015, due to mistake of fact the petitioners have been implicated, there is no independent eye witness of the occurrence and due to village politics they have been implicated and in this case co-accused Manoj Kumar has been allowed bail with condition that he will be released after completing nine months in

Patna High Court Cr.Misc. No.1703 of 2016 (5) dt.14-03-2016 custody from the date of remand and as such the petitioner also deserves sympathetic consideration to which learned APP seriously opposes by submitting that the medical evidence also corroborates the allegation of sodomy and the petitioners and co-accused were caught by the villagers at the spot.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail after completion of nine months in custody from the date of their remand in this case on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 325 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T