Patna High CourtCR. MISC./15041/2020bail granted

Ritesh Kumar Sah v. The State Of Bihar

2020-03-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15041 of 2020 Arising Out of PS. Case No.-218 Year-2019 Thana- DAUDPUR District- Saran ====================================================== RITESH KUMAR SAH S/o Dev Kumar Sah Resident of Village- Kohra Bazar, P.S.- Daudpur, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh, Adv For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,323,376(G),447,506/34 of I.P.C and Section 4/6 of POCSO Act.

The FIR would reveal that all the named accused person including the petitioner committed gang rape against the informant, a minor girl. However, in the statement under Section 164 Cr.P.C., the victim stated that three others had ravished her whereas the petitioner and co-accused-Pankaj were keeping hold on her at the time of occurrence. Investigation of the case is already complete. There is no material to substantiate that petitioner is going to tamper with the evidence or hamper the trial.

Patna High Court CR. MISC. No.15041 of 2020(2) dt.04-03-2020 2/2 Considering the contradictory statement of the victim regarding actual act of the petitioner, let the petitioner, above named, 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 Daudpur P.S. Case No.218 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case as well as the petitioner shall not leave the country without permission of the learned Trial Judge, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T