Patna High CourtCR. MISC./74324/2018bail granted

Akshay Kumar v. The State Of Bihar

2018-12-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74324 of 2018 Arising Out of PS. Case No.-290 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Akshay Kumar s/o Chandrama Ram, R/v- Badki Khairi, P.s.-Shivsagar, District - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in Shivsagar P.S. Case No. 290/2018, registered for the offence punishable under Sections 448, 376 and 511 of the Indian Penal Code. The informant alleged that on the date of occurrence this petitioner entered into her room to do illegal act with her. Learned counsel for the petitioner has submitted that the victim girl has recorded her statement under Section 164 Cr.P.C. wherein she has stated that while she was sleeping in the room alone and her grand-father was sleeping just by the side of her room one person entered into her room who was seen by his grand-father (Nana). He assaulted him and send him to jail. In such manner, the statement under Section 164 Cr.P.C. is

Patna High Court Cr.Misc. No.74324 of 2018(2) dt.12-12-2018 2/2 different from the allegation made in the written report. Moreover, from the aforesaid statement, it appears that mere general and omnibus allegation is levelled against the petitioner. Petitioner is in custody since 27.08.2018 having clean antecedent.

Considering the facts and circumstances of the case, 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 Sub-Judge VIIthcum - Additional Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Shivsasar P.S. Case No. 290/2018, subject to the condition that both the bailors will be close relative of petitioner.

(Sanjay Priya, J) vinita/- U T