Patna High CourtCR. MISC./7903/2015bail granted

Madan Bhagat And ANR v. The State Of Bihar

2015-04-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7903 of 2015 Arising Out of PS.Case No. -142 Year- 2013 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Madan Bhagat Son of Sugriv Bhagat

2. Satyendra Bhagat Son of Sugriv Bhagat Both are resident of villageAithi, Police Station- Vijaipur, District- Gopalganj .... .... Petitioners

Versus

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

For the Petitioners : Mr. Lokesh Kumar Singh, Advocate.

For the Opposite Party : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2015 Heard both sides.

The petitioners seek bail in Vijaipur P.S. Case No. 142 of 2013, corresponding to Sessions Trial No. 400 of 2014, registered for the offences punishable under Sections 366, 376 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the victim made allegation against the petitioners that they kidnapped her, committed rape with her. But during the course of trial the victim has been examined as P.W. 7, and she did not support her case. She disclosed that nobody kidnapped her nor committed any rape.

Considering the facts aforesaid and the fact that the victim herself did not support her case during the course of trial

Patna High Court Cr.Misc. No.7903 of 2015 (4) dt.30-04-2015 2/2 and the petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Gopalganj in connection with Vijaipur P.S. Case No. 142 of 2013, corresponding to Sessions Trial No. 400 of 2014, subject to the condition that the petitioners shall present on each and every date during the trial, if the petitioners did not appear on any day fixed during the trial, the trial court cancel the bail bond of the petitioners. (Prabhat Kumar Jha, J.) KKSINHA/- U T