Patna High CourtCR. MISC./28925/2016bail granted

Arvind Kumar v. The State Of Bihar

2016-08-10Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.28925 of 2016 (3) dt.10-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28925 of 2016 Arising Out of PS.Case No. -672 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Arvind Kumar Son of Arun Sahni R/o Village-Vijay Chapra, P/SAhiyapur, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 03.02.2016 passed in Cr. Misc. No. 49458 of 2015, on the ground that the informant Parwati Kumari and her father Mahesh Sahni both have already been examined during trial. PW 3 is the father of the informant/victim and he has turned hostile. PW 4 is the informant herself. During examination-in-chief she has supported the occurrence but she has stated that the petitioner Arvind Kumar was not involved in the occurrence which is apparent from the impugned order dated 16.04.2016 passed by learned Special Judge, POCSO, Muzaffarpur.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on

Patna High Court Cr.Misc. No.28925 of 2016 (3) dt.10-08-2016 execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Muzaffarpur in connection with Ahiyapur P.S. Case No. 672 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T