Patna High CourtCR. MISC./43288/2017bail granted

Rupesh Singh v. The State Of Bihar

2017-09-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43288 of 2017 Arising Out of PS. Case No.-36 Year-2016 Thana- DHAMDAHA District- Purnia ====================================================== Rupesh Singh son of Anil Singh, R/o Bansipurandaha, P.S.- Dhamdaha, District-Purnea.................................................... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. SMT. VEENA RANI PRASADD.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 14.07.2016 and 12.04.2017 passed in Cr. Misc. No. 22704 of 2016 and 12153 of 2017 respectively, on the ground that the petitioner is suffering in custody since 04.03.2016. The prosecution story appears not probable and reliable, the informant has been medically examined and she has been found major, only with a view to extract money the informant has brought this false case, no offence under Section 376 IPC is made out as it was a consented sex and further the trial has not been concluded as uptill now charge has not been framed as per direction given by this Court.

Learned APP submits that the petitioner was given liberty

Patna High Court Cr.Misc. No.43288 of 2017(2) dt.06-09-2017 2/2 to renew his prayer of bail if the trial is not concluded within four months.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri B. K. Sinha, F.T.C. I, Purnia in S. T. No. 180 of 2017 arising out of Dhamdaha P. S. Case No. 36 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T