Rajesh Sah @ Rajesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8401 of 2022 Arising Out of PS. Case No.-379 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rajesh Sah @ Rajesh Mukhiya Son Of Late Ramanand Sah R/O VillagePatparia, P.S.- Mufassil Motihari, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Anant Kumar I ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard both parties.

The petitioner seeks bail in Muffasil P.S. Case No. 379 of 2018, registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that specific allegation of commission of sexual assault is against co-accused Dhananjay Kumar. The victim girl in her statement under Section 164 has not levelled any sexual assault or physical assault against this petitioner. Similarly situated co-accused have been granted bail by this Court vide order dated 27.10.2021 passed in Cr. Misc. No. 23042 of 2021. Petitioner is in custody since 20.12.2021.

In view of statement of victim girl under Section 164

Patna High Court CR. MISC. No.8401 of 2022(3) dt.16-05-2022 2/2 Cr.P.C, the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Motihari East Champaran in connection with Muffasil P.S. Case No. 379 of 2018. (Prabhat Kumar Singh, J) vinita/- U T