Jitendra Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12327 of 2016 Arising Out of PS.Case No. -9 Year- 2015 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jitendra Kushwaha, S/o Ramagya Kushwaha .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-399, 402 of the Indian Penal Code and under Sections25(i-B)A/26/35 of the Arms Act. Although in her written report, the informant claimed that she was taken away by the petitioner and co-accused Umesh Bhagat and, was raped by them but when her statement u/S 164 of the Cr.P.C. was recorded, she nowhere stated about the allegation of rape. The co-accused, Umesh Bhagat has already been granted privilege of bail by this court and the case of this petitioner is almost on similar footing to that of co-accused Umesh Bhagat. Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten

Patna High Court Cr.Misc. No.12327 of 2016 (2) dt.17-03-2016 2/2 thousand) with two sureties of the like amount each in connection with Sathi P.S. Case No. 09 of 2015 to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge, Bettiah, West Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T