Patna High CourtCR. MISC./18519/2016bail granted

Raj Kishore Sah v. The State Of Bihar

2016-08-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18519 of 2016 Arising Out of PS.Case No. -203 Year- 2013 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kishore Sah Son of Shivratan Sah, Resident of Village - Nagadaha, P.S. - Malahi, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-08-2016 Heard.

Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 11.12.2015 passed in Cr. Misc. No. 55120 of 2015 taking note of this fact that victim had specifically leveled allegation of kidnapping and rape against the petitioner but submission on behalf of the petitioner is that in course of trial, victim has not whispered even a single word against the petitioner, which is evident from perusal of Annexure-4 to the petition. It would appear from perusal of Annexure-4 to the petition that victim was examined by the trial court as prosecution witness no. 3 but she stated nothing against the petitioner. Similarly, the mother of the victim was also examined by the trial

Patna High Court Cr.Misc. No.18519 of 2016 (2) dt.10-08-2016 2/2 court as prosecution witness no. 2 and she too has not made any complaint against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Motihari, East Champaran in connection with Harsidhi P.S.Case No. 203 of 2013, G.R.No. 2861 of 2013 and POCSO trial no. 29 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U