Patna High CourtCR. MISC./23830/2019bail granted

Raushan Kumar @ Raushan Kumar Yadav v. The State Of Bihar

2019-05-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23830 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Raushan Kumar @ Raushan Kumar Yadav Son of Ram Chandra Rai Resident of Naya Tola Bariyarpur, P.S-Bakhtiyarpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 323, 341, 307, 385, 365, 427, 354/34 of the Indian Penal Code and Section-12 of POCSO Act.

The prosecution case in brief is that the accused persons demanded ransom through driver of the informant and on interrogation, they broke into door of the informant and entered her house. It is also alleged that the accused persons got fallen down her daughter on the ground and were taking her out of the house.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-12-2018.

Patna High Court CR. MISC. No. 23830 of 2019(3) dt.09-05-2019 2/2 Charge sheet has already been submitted. The victim has not named the petitioner in his statement recorded u/S 164 Cr.P.C. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the fact that the victim in his statement recorded u/S 164 Cr.P.C. has not named the petitioner, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Patna in connection with Special Case No. 209 of 2018 arising out of Bakhtiyarpur P.S. Case No. 513 of 2018.

(Sudhir Singh, J) A.K.V.//- U T