Vivek Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18479 of 2019 Arising Out of PS. Case No.-41 Year-2017 Thana- AMNAUR District- Saran ====================================================== VIVEK RAI Son of Sri Chandra Shekhar Rai Resident of Village - Dholahi, P.s.- Amnaur, distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Informant : Mr. Jeetendra Narayan For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Amnaur P.S. Case No. 41/2017, instituted for offences under Section(s) 376, 302 and 201 of the Indian Penal Code read with Section 3⁄4 of POCSO Act.

Learned counsel for the petitioner has submitted that F.I.R. is against unknown.

It is alleged in the written report that on 10.03.2017 during course of feeding the animals, informant searched his grand daughter, aged about 10 years, but she was not there then informant thought that his daughter might be at new house. Next morning at about 5 A.M., informant searched his grand daughter

Patna High Court CR. MISC. No.18479 of 2019(2) dt.27-03-2019 2/3 at his new house but she was not there. At 11.45 A.M. informant learnt that someone has killed his grand daughter Anjali Kumari and her dead body is lying in the field of one Jugeshwar Singh. The informant went there and found his daughter was done to death by some unknown persons.

Learned counsel for the petitioner has submitted that name of this petitioner has come in the confessional statement of co-accused Ravindra Rai.

Aforesaid Ravindra Rai has already been granted bail by this Court in Cr. Misc. No. 50898/2018 dated 03.10.2018. Learned counsel for the informant has opposed the prayer for bail of the petitioner.

Petitioner is in custody since 13.02.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let 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 1st Addl. Sessions Judge-cum-Special Judge, POCSO Act, Saran at Chapra, in connection with Amnaur P.S. Case No. 41/2017, subject to the conditions that (I) both the bailors shall be the close

Patna High Court CR. MISC. No.18479 of 2019(2) dt.27-03-2019 3/3 relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T