Dhanjay Kumar Singh @ Dhanjay Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.4081 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4081 of 2017 Arising Out of PS.Case No. -83 Year- 2015 Thana -RAIL District- LAKHISARAI ====================================================== Dhanjay Kumar Singh @ Dhanjay Singh, Son of Chandradeep Singh @ Chandradeo Singh, resident of Village- Jagdishpur, Police Station- Ghoshi, District- Jehanabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 03.03.2016 passed in Cr. Misc. No. 7060 of 2016, on the ground that during trial the victim has been examined as PW 3 and he has not supported the prosecution version and he has not identified the petitioner, resulting, he has been declared hostile, copy of deposition of informant victim has been annexed as annexure-2. The doctor has also found no sign of unnatural sex. The petitioner is in custody since 09.11.2015.

Learned APP fairly submits that now the informant has turned hostile.

In the facts and circumstances stated above, the

Patna High Court Cr.Misc. No.4081 of 2017 (2) dt.08-02-2017 petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I-cum-Special Court POCSO, Lakhisarai in connection with Jhajha P.S. Case No. 83 of 2015 / GR No. 243 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T