Rakesh Singh @ Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23695 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== RAKESH SINGH @ RAKESH KUMAR SINGH S/O LAL BIHARI SINGH R/o village- Parwa, Ward No. 09, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363,366(A),34 of the Indian Penal Code and Section 12 of the POCSO Act.

The statement of the victim girl recorded under Section 164 Cr.P.C. would reveal that co-accused-Chandrabir Yadav and Sheo Kumar Sah forcefully took her on a motorcycle near the barrage. Two persons were standing including the petitioner. All the four took her to Patna. From Patna, only Chandrabir Yadav took her to Jaynagar and left her at Jaynagar

Patna High Court CR. MISC. No.23695 of 2021(2) dt.02-12-2021 2/3 and fled away. Co-accused-Sheo Kumar Sah allegedly ravished her.

Submission is that no overt-act is alleged against the petitioner save and except that he had accompanied up-to Patna.

Considering the nature of material against the petitioner, who has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jaynagar P.S.Case No.212 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.23695 of 2021(2) dt.02-12-2021 3/3 permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T