Patna High CourtCR. MISC./1259/2020bail granted

Kailash Chouhan v. The State Of Bihar

2020-01-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1259 of 2020 Arising Out of PS. Case No.-226 Year-2018 Thana- KASBA District- Purnia ====================================================== KAILASH CHOUHAN S/o- Sri Ganesh Chouhan Residence of VillageSabdalpur, P.S.- Kasba, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kasba P.S. Case No. 226 of 2018, registered under Sections 363, 365 and 376 of the Indian Penal Code.

The accusation is that the daughter of informant, who is deaf dumb, aged about 29 years moved from house in the night of 21-22.08.2018 to attend call of nature, but she did not return. Thereafter, informant made search, but no trace was found.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that on the basis of fardbeyan of Kamli Devi, Kasba P.S. Case No. 226 of 2018, under Sections 363, 365 and 376 of the Indian Penal Code was instituted on

Patna High Court CR. MISC. No.1259 of 2020(2) dt.23-01-2020 2/2 22.08.2018 against unknown. After two days of the occurrence, the victim was found unconscious in naked condition in the field, later on, in course of investigation, the Police came to know from spy regarding bad character of the petitioner and on that very basis, the petitioner has been apprehended in this case. Further submission is that while petitioner is in custody since 02.09.2018, but he has not been put on T.I.P. for identification by the informant's daughter. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 226 of 2018 (G.R. No. 3002 of 2018).

(Rajendra Kumar Mishra, J) manish/- U T