Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9951 of 2019 Arising Out of PS. Case No.-200 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Jitendra Kumar Son of Dwarika Yadav Resident of Village- Ambatari, P.S.- Mohanpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheel Bhadra Jha, Adv.

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2019 Earlier prayer for bail of the petitioner was rejected vide order dated 16.05.2018 passed in Cr. Misc. No. 27687 of 2018.

The petitioner seeks regular bail in connection with Barachatti (Mohanpur) P.S. Case No. 200 of 2017, registered for the offences punishable under Sections 363, 365, 376(D), 34 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that he is custody for more than two years and the other coaccused person has been granted bail by this Court vide order dated 04.04.2019 passed in Cr. Misc. No. 10904 of 2019 and further five witnesses have been examined including the victim girl and they have not disclosed any overt act against the petitioner rather victim has stated that the petitioner was not in

Patna High Court CR. MISC. No.9951 of 2019(4) dt.25-04-2019 2/2 the occurrence and she has taken the name of Awdhesh. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st Gaya in connection with (Mohanpur) P.S. Case No. 200 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Amjad/- U T