Patna High CourtCR. MISC./124/2017bail granted

Kailash Kumar Mehta v. The State Of Bihar

2017-01-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.124 of 2017 Arising Out of PS.Case No. -75 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Kailash Kumar Mehta, Son of Laxaman Mehta, Resident of VillageBarmottar, Police Station- Madhepura, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surender Prasad Singh, Advocate For the Opposite Party : Mr. Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 21.06.2016 passed in Cr. Misc. 5446 of 2016, on the ground that the petitioner is suffering in custody since 23.10.2015 without any fault, now the informant-victim has already been examined during trial as P.W.6 and she has stated regarding innocence of the petitioner. She has specifically stated that Ratnesh has committed rape with her and the petitioner was not involved in the crime. The learned A.P.P. submits that the victim-informant during her examination in trial has not stated the name of the petitioner regarding his participation in the crime.

Patna High Court Cr.Misc. No.124 of 2017 (2) dt.11-01-2017 2/2 In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Mithilesh Kumar Dwivedi, learned Additional Sessions Judge, 1st -cum-special Judge, POCSO Act, Madhepura in POCSO Special Case No. 01 of 2016/CIS 01 of 2016, arising out of Mahila Madhepura P.S. Case No. 75 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T