Kashinath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44605 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Kashinath Prasad Son of Late Ram Janam Prasad, Resident of VillageBarkagaon, P.S.-Bhagwanpur Hat, District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Kashinath Prasad, in connection with Bhagwanpur Hat Police Station Case No. 52 of 2016, G.R. No.1001 of 2016, under Sections 323/363/366/354/376/511/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Ashok Kumar, learned Counsel for the petitioner, and Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that petitioner is father of the accused, who is alleged to have committed rape, and has been in custody since 13.07.2016 in connection with the case

Patna High Court Cr.Misc. No.44605 of 2016 (2) dt.06-10-2016 2/2 aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Bhawganpur Hat Police Station Case No. 52 of 2016, G.R. No.1001 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of.

(I.A. Ansari,CJ) Mkr./- U T