Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25389 of 2016 Arising Out of PS.Case No. -5 Year- 2015 Thana -DEOKUND District- AURANGABAD ======================================================

1. Prakash Kumar, son of Late Rupachan Rathore, Resident of village: Nauranga, P.S.- Deokund, District: Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 29-10-2015 passed in Cr. Misc. No. 30350 of 2015 taking note of this fact that the victim, in her statement, recorded u/S 164 of the Cr.P.C. disclosed the name of the petitioner but the petitioner is languishing in jail custody since 20-01-2015 and the victim has not, specifically, levelled allegation of rape against the petitioner, who happens to be co-villager of the victim.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.25389 of 2016 (2) dt.24-08-2016 2/2 10,000/- (ten thousand) with two sureties of the like amount each in connection with Deokund P.S. Case No. 05 of 2015 to the satisfaction of learned Judicial Magistrate-Ist Class, Daudnagar, Aurangabad.

(Hemant Kumar Srivastava, J) A.K.V./- U T