Patna High CourtCR. MISC./38651/2014bail granted

Pradeep Kumar Rai v. The State Of Bihar

2015-01-20The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38651 of 2014 Arising Out of PS.Case No. -242 Year- 2013 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Pradeep Kumar Rai Son of Laddu Lal Rai Resident of Village - Sari, P.S. Warisnagar, Mathurapur OP District - Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate. For the Opposite Party/s : Mr. Anita Kumari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 20-01-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Pradeep Kumar Rai, in connection with Warisnagar (Mathurapur O.P.) Police Station Case No. 242 of 2013, under Section 366(A) of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Jitendra Narayan Sinha, learned counsel for the petitioner, and Ms. Anita Kumari, learned Addl. Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused abovenamed has been in custody since 11.07.2014 and in her statement, recorded under Section 161 of the Code of

Patna High Court Cr.Misc. No.38651 of 2014 (3) dt.20-01-2015 2/2 Criminal Procedure, the alleged victim had not stated that she had been subjected to rape by the accusedpetitioner, though allegation of commission of rape has been made in her statement under Section 164 Cr.P.C. and perusal of the materials available does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Sri Kumar Rishikesh, learned Judicial Magistrate, 1st Class, Samastipur.

In terms of the above directions, this bail application shall stand disposed of.

(I. A. Ansari, J.) Mkr./- U