Parasuram Prasad @ Parasurm v. The State Of Bihar

Patna High Court Cr.Misc. No.13499 of 2016 (3) dt.27-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13499 of 2016 Arising Out of PS.Case No. -216 Year- 2015 Thana -SHASTRINAGAR District- PATNA ====================================================== PARASURAM PRASAD @ PARASURM Son of Kishore Prasad @ Kishori Singh @ Kishori Prasad resident of Village- Mubarakpur (Mangrawan), P.S Paraiya, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar, Advocate For the Opposite Party : Mr. P.K.Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner, learned counsel for the Informant and learned counsel for the State. The petitioner is in custody since 26.06.2015 in connection with Shashtri Nagar P.S. Case No. 216 of 2015 for the offences instituted under Section 366A of the Indian Penal Code. This is the second attempt for grant of regular bail on behalf of the petitioner.

The earlier bail application of the petitioner was rejected vide Cr.Misc.No.44116 of 2015 dated 18.12.2015 with an observation that the same is rejected for the present. It has been submitted on behalf of the petitioner that the medical report of the victim does not support the allegation made in the FIR. From perusal of statement of the victim made under

Patna High Court Cr.Misc. No.13499 of 2016 (3) dt.27-04-2016 Section 164 Cr.P.C., it is evident that the victim had left with the petitioner on her own will. The alleged date of occurrence is said to be 16.04.2015 and the FIR was instituted on 19.04.2015. Vide order dated 30.03.2016 a report regarding the stage of the case was called for from the court below. The said report is at flag-'A'. It has been stated that the charges were framed on 17.12.2015. Summons, bailable warrants and non-bailable warrants had already been issued upon the witnesses but they did not turn up for their examination before the trial court. It has been submitted on behalf of the petitioner and the counsel for the informant, that they have no knowledge regarding the framing of charge and issuance of warrant of arrest against the witnesses.

Considering the aforesaid facts and circumstances as also the petitioner has remained in custody since 26.06.2015, let the petitioner above named, be released on bail in the in connection with Shashtri Nagar P.S. Case No. 216 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Patna.

(Sudhir Singh, J) B.Kr./- U T