Patna High CourtCR. MISC./10904/2019bail granted

Dhaneshar Kumar @ Dhaneswar Kumar v. The State Of Bihar

2019-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10904 of 2019 Arising Out of PS. Case No.-200 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== DHANESHAR KUMAR @ DHANESWAR KUMAR Son of Vital Yadav @ Dilchand Yadav Resident of Village- Ambatari, P.S-Mohanpur, Dist.-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dshirendra Kumar Trivedi For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 16.5.2018 passed in Cr. Misc. No.27687 of 2018.

The allegation is about commission of rape.

Submission of the learned counsel for the petitioner is that four witnesses have been examined including the victim and the victim has categorically stated that the petitioner has not participated in the occurrence and she has named one Awadesh . Furthermore, the petitioner is in custody for two years. . Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.10904 of 2019(3) dt.04-04-2019 2/2 Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge, Gaya in connection with S.Tr. No.83 of 2017/408 of 2017 arisign out of Barachatti (Mohanpur) P.S.Case no.200 of 2017 with condition that he will co-operate in disposal of the trial and will also appear as and when required by the learned court below; otherwise his bail bond shall be cancelled.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T