Krishna Kishore v. The State Of Bihar
Patna High Court Cr.Misc. No.24968 of 2016 (4) dt.09-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24968 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -BATHNAHA District- SITAMARHI ====================================================== Krishna Kishore Son of Bindeshwar Rai Resident of village- Sirsia, P.S.- Bathnaha, District-Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mukul Prakash, Advocate For the Opposite Party : Mr. Md. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 A supplementary affidavit has been filed on behalf of the petitioner, same is kept on record.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Bathnaha P.S.Case No.42 of 2016 registered for an offence under Sections 376 and 511 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
As per the prosecution case, it is a case of attempt of rape upon the informant by the accused persons. Learned counsel for the petitioners submits that the petitioner is in custody since 31.03.2016. Chargesheet has been submitted in the case. There is no allegation of tampering of
Patna High Court Cr.Misc. No.24968 of 2016 (4) dt.09-08-2016 witnesses alleged against the petitioner. Petitioner and the informant are the agnates. There is a title suit pending between the parties. Chargesheet was submitted for bailable offences under Sections 323, 354 and 354D of the IPC. The learned court below differed with the said police report and has taken cognizance under non-bailable offence.
On behalf of the State, it is submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, 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 Additional Sessions Judge-Ist, Sitamarhi in connection with Bathnaha P.S.Case No.42 of 2016. (Sudhir Singh, J) B.Kr./- U T