Vijay Kumar Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44452 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -MADHEPUR R.S. SHIVIR DistrictMADHUBANI ====================================================== Vijay Kumar Sadai Son of Ram Prasad Sadai R/o Village Berma, P.S. Madhepur, District Madhubani .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-03-2015 A supplementary affidavit has been filed. Let it be taken on record.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 341, 342, 323 and 376 of the Indian Penal Code.

The allegation against the petitioner is to have committed rape on the prosecutrix.

It is submitted that although there is allegation of committing rape against the petitioner but in her statement under Section Cr.

P.C.

the prosecutrix/victim has stated that the petitioner confined her in the field and tried to commit rape. The doctor has also found no sign of rape and the age of the prosecutrix/victim has been estimated as 16 to 18 years. The petitioner has no criminal antecedents. After investigation chargesheet has already been submitted and there is no chance of tampering with the witnesses.

Patna High Court Cr.Misc. No.44452 of 2014 (3) dt.04-03-2015 2/2 Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 the learned A.C.J.M., Jhanjharpur in Madhepur R. S. Shivir P. S. Case no. 82 of 2014 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T