Patna High CourtCR. MISC./19410/2016bail granted

Jitendra Sahani @ Jitendra Mahto v. The State Of Bihar

2016-05-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19410 of 2016 Arising Out of PS.Case No. -329 Year- 2015 Thana -DIGHA District- PATNA ====================================================== Jitendra Sahani @ Jitendra Mahto Son of Yogendra Mahto, Resident of Mohalla - Magadh Colony, Kurji, Police Station - Digha, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Special (POCSO) Case No. 159 of 2015 arising out of Digha P.S. Case No. 329 of 2015 registered under Sections 376/34 of the I.P.C. The accusation is of committing rape by this petitioner to the minor daughter of the informant. Learned counsel appearing on behalf of the petitioner submits that in fact, the petitioner and informant are tenant in the same house and due to some altercation, the informant got implicated the petitioner with the false allegation about committing rape at his minor daughter. Further submission is that in course of investigation, the daughter of the informant has

Patna High Court Cr.Misc. No.19410 of 2016 (2) dt.05-05-2016 2/2 been examined as P.W. 3 in Special Case No. 159 of 2015 in which she has not supported the case of the prosecution. It is also submitted that petitioner has no criminal antecedent and is in custody since 11.05.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Patna in connection with Special (POCSO) Case No. 159 of 2015 arising out of Digha P.S. Case No. 329 of 2015 Out of two sureties, one surety must be parents or close relatives of the petitioner.

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