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Patna High CourtCR. MISC./1922/2019bail granted

Mukesh Ram v. The State Of Bihar

2019-03-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1922 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- KOTWA District- East Champaran ====================================================== Mukesh Ram son of Ram Pravesh Ram Resident of Village- Jagiraha, P.S.- Lakhaura, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kotwa P. S. Case No. 53 of 2018 instituted for the offence under Section(s) 363, 366A, 120B/34 of the Indian Penal Code.

Learned counsel for petitioner submits that there is general and omnibus allegation levelled against this petitioner. The victim girl was working in Orchestra party. She has herself gone to Mumbai with Shahil Soni, R/o of Sitamarhi to do work in the Bhojpuri film.

Case diary has been received, wherein, the statement of victim girl recorded U/s 164 Cr. P. C. is available in paragraph no. 48 of the case diary, wherein, she has stated that Kamlesh Kumar and Shahil Soni forcibly got her seated in the

Patna High Court CR. MISC. No.1922 of 2019(4) dt.08-03-2019 2/2 car. There is General and omnibus allegation levelled against this petitioner by victim girl in her statement given U/s 164 Cr.P.C. The victim girl has been examined by the Medical Board and the report of the medical Board is available in para 46 of the case diary, wherein, the doctor has found her age between 18 to 19 years. The doctor has found no injury on her person. The petitioner is in custody since 23.7.2018 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 C.J.M. East Champaran at Motihari, in connection with Kotwa P. S. Case No. 53 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T