Patna High CourtCR. MISC./14723/2017bail granted

Rajendra Sah v. The State Of Bihar

2017-04-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14723 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Rajendra Sah Son of Late Parmeshwar Sah, Resident of VillageMathurapur, P.S.-Parbatta, District-Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Parbatta (Bharatkhand) P.S. Case No. 04 of 2017 instituted for the offence under Sections-363, 366A/34 of the Indian Penal Code.

It is alleged that this petitioner along with Sushma Kumari and Ankita Devi kidnapped the minor daughter of the informant namely, Juhi Kumari aged about 15 years. The informant has given statement u/S 164 Cr. P.C. wherein she has stated that this petitioner and Ankita Devi forcibly got her seated on motorcycle of Ashish Poddar. Thereafter, Ashish Poddar along with this petitioner took her to Patna

Patna High Court Cr.Misc. No.14723 of 2017 (2) dt.26-04-2017 2/2 and she went to Delhi with Ashish Poddar and lived there for one month with Ashish Poddar who committed rape with her.

In such circumstances and considering the statement of the victim recorded u/S 164 of the Cr.P.C. there is specific allegation of committing rape against Ashish Poddar. Therefore, the prayer for bail is allowed and the petitioner named above, 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 in connection with Parbatta (Bharatkhand) P.S. Case No. 04 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateIst, Khagaria subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T