Patna High CourtCR. MISC./33044/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-08-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33044 of 2023 Arising Out of PS. Case No.-719 Year-2021 Thana- FATUA District- Patna ====================================================== Sonu Kumar S/O Yogendra Singh, Resident Of Village- Sotichak, P.S.- Fatuha, District- Patna, Bihar- 803201 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 719 of 2021 dated 20.09.2021 lodged under Sections 419, 420, 342, 392, 376(d), 364 and 504/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that vide order dated 30.09.2022 passed in Cr. Misc. No. 16375 of 2022 bail petition of the petitioner was rejected. Counsel further submits that in the present case charge has already been framed and trial has commenced. During trial the victim has deposed her evidence as P.W.2. In her evidence, she has stated before the court that out of three accused persons present in the court, she has identified only two persons. The petitioner was present in

Patna High Court CR. MISC. No.33044 of 2023(5) dt.16-08-2023 2/2 the court but victim has not identified and denied to identify. Counsel for the petitioner submits that petitioner is in custody since 20.09.2021 and he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court.

4. Learned counsel for the State opposes the prayer for bail but submits that it is true that the petitioner has not been identified by the victim in the court.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Patna in connection with Fatuha P.S. Case No. 719 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

(Dr. Anshuman, J.) ravishankar/- U T