Akhilesh Rai @ Akhilesh Kumar @ Khilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67846 of 2018 Arising Out of PS. Case No.-105 Year-2013 Thana- BIDUPUR District- Vaishali ====================================================== AKHILESH RAI @ AKHILESH KUMAR @ KHILESH RAI, Son of Radheshyam Ray @ Radhe Rai, Resident of Village- Bihunpur Said Ali P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 105 of 2013 instituted for the offence under Section(s) 366, 372/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that occurrence is alleged to have taken place on 25.1.13 whereas the complaint has been filed on 27.2.2013 The victim girl has not produced herself for medical examination. The statement of the victim girl has been recorded U/s 164 Cr.P. C., which is annexed as Annexure-2 to the bail petition, wherein, she has stated her age to be 20 years. She has stated that while she had gone for call of nature the petitioner along with one Sunil Singh

Patna High Court Cr.Misc. No.67846 of 2018(2) dt.26-11-2018 2/2 took her on train after giving some cloth to smell on account of which she became unconscious. When she regained her consciousness, she found herself confined in the room and both committed illegal act with her. But the victim girl has not produced herself for medical examination to support such allegation.

The petitioner is in custody since 13.6.2018 having no criminal antecedent.

Considering the aforesaid, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 105 of 2013, subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T