Patna High CourtCR. MISC./10310/2017bail granted

Rambabu Rai v. The State Of Bihar

2017-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10310 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -KANHAULI District- SITAMARHI ====================================================== Rambabu Rai son of Rajkishore Rai, Resident of Village- Ramnagra Rasalpur, P.S.- Kanhauli, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 452, 341, 376, 511, 504, 324 and 307 of the Indian Penal Code and Sections 8, 17 and 18 of the POCSO Act.

Allegation against the petitioner is that he was attempting to commit rape on the daughter of the informant. In the subsequent occurrence, the petitioner gave indiscriminate Chaku blow on the chest, pakhura and arm of the informant on account of which he fell down in unconscious position.

Submission of the petitioner is that the allegation is false due to village politics as the petitioner is ward councilor.

Patna High Court Cr.Misc. No.10310 of 2017 (3) dt.18-04-2017 There is a case and counter case. The doctor has not found any injury of Chaku on the person of the informant. The petitioner is in custody since 03.11.2016.

Learned counsel for the State submits that the victim has supported the allegation against the petitioner. Considering the entire facts and circumstances of this case, let petitioner, above named, be enlarged on bail on completion of eight months of custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I, Sitamarhi/Successor Court, in connection with Kanhauli P.S. Case No.36 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case. Arvind/- (Birendra Kumar, J) U T