Rahul Kumar @ Rahul Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49039 of 2014 Arising Out of PS.Case No. -152 Year- 2014 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rahul Kumar @ Rahul Ram Son of Sarwan Kumar Resident of Village : - Biman, P.S. : - Ariari, District : - Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03-03-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A, 363 of the Indian Penal Code and 18 of the Protection of Children from Sexual Offences Act. Considering that there is no allegation in the statement recorded under Section 164 Cr.P.C. of the alleged victim that the Petitioner in any manner had misbehaved with her, let the petitioner above named, who has fair antecedents, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned A.D.J. 1st, Lakhisarai in connection with Ariari P.S. Case No.152 of 2014, subject to the conditions (i) That one of the bailor shall be the

Patna High Court Cr.Misc. No.49039 of 2014 (2) dt.03-03-2015 2/2 father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.