Sanjeet Kumar Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19337 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================

1. Sanjeet Kumar Rishi son of Laxmi Rishi, resident of village - Pekaha, Police Station - Korha, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Ratnakar Ambastha, Advocate For the State : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363, 366 and 376/34 of the I.P.C. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application with the observation "at this stage".

A report was called for from the court below regarding the stage of the case. It has been reported that out of nine witnesses three witnesses have been examined in the case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.05.2016. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has got no criminal antecedent. He is not named in

Patna High Court Cr.Misc. No.19337 of 2017 (3) dt.28-06-2017 2/2 the F.I.R. The medical examination report does not support the allegations made by the victim. The petitioner has already remained in custody for about a year.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 Chief Judicial Magistrate, Katihar in connection with Katihar Sahayak P.S. case No.193 of 2016.

It is further directed that the petitioner shall be present on each and every date fixed by the trial court in the case and cooperate during the trial. If the trial court finds that the petitioner is not co-operating in the trial, the court below will be at liberty to cancel the bail bond of the petitioner.

(Sudhir Singh, J) Narendra/- U T