Mithilesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7348 of 2023 Arising Out of PS. Case No.-16 Year-2017 Thana- NTPC District- Bhagalpur ====================================================== MITHILESH RAY S/O SRI LAKSHMAN RAY Resident of Village- Adalpur, P.S.- Motipur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Prakash Verma For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard the parties.
Petitioner seeks regular bail in connection with Sessions Trial No. 686 / 2022 (arising out of N.T.P.C. PS Case No. 16 / 2017) dated 4/4/2017 registered under Section 365, 420, 376 / 34 of the IPC.
As per the FIR one Chameli Devi on the pretext of arranging job for the wife of the informant took his wife along with her. The informant tried to contact his wife and Chameli Devi but she was traceless. The petitioner is not named in the FIR and his name has transpired on the basis of the statement made by the victim lady recorded under Section 164 Cr.P.C. in which she has said that she was sold of at the instance of the
Patna High Court CR. MISC. No.7348 of 2023(2) dt.03-05-2023 2/3 petitioner and three other persons.
Learned counsel for the petitioner submits that Chameli Devi who had allegedly taken the victim in the name of providing her employment has been acquitted. He further submits that on similar allegation as that of the petitioner one Hriday Mandal has been acquitted in the trial and similarly situated co-accused Rajesh Rai has been granted bail by a Coordinate Bench of this Court in Cr. Misc. 50483 of 2022 by order dated 09/12/2022 (Annexure-4). The petitioner is in custody since 27/07/2022.
Regard being had to the submission made by the parties, taking into consideration the material on record and the fact that similarly situated accused Rajesh Rai has been granted bail by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Bhagalpur in connection with Sessions Trial No. 686 / 2022 (arising out of N.T.P.C. PS Case No. 16 / 2017) subject to the condition that the petitioner shall remain physically present on each and every
Patna High Court CR. MISC. No.7348 of 2023(2) dt.03-05-2023 3/3 date during the course of trial and in case of default on two consecutive dates his bail bond shall liable to be cancelled. (Anil Kumar Sinha, J) praful/- U T