Bulu Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.7949 of 2016 (3) dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7949 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Bulu Rai Son of late Budhan Rai Resident of Village- Sarmastpur P.s Raja Pakar, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Raja Pakar P. S. Case No. 48 of 2015, disclosing offences under Sections 366(a), 3767, 120B of the Indian Penal Code and 4/6 of the POCSO Act.

It is submitted on behalf of the petitioner that though there is allegation of rape against several accused persons including this petitioner in the complaint petition, which is the basis for registration of the First Information Report, no material has come in course of investigation.

Learned Additional Public Prosecutor appearing on behalf of the State has not been able to point out on the basis of

Patna High Court Cr.Misc. No.7949 of 2016 (3) dt.19-05-2016 the case diary that any material has come against the petitioner in course of investigation with respect to allegation of rape. Considering the above, this application is allowed. Let petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-cum-Additional District & Sessions Judge-I, Hazipur, Vaishali in Rajapakar P.S. Case No. 48 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U