Santosh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57470 of 2015 Arising Out of PS.Case No. -256 Year- 2013 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Mishra son of Late Uma Shankar Mishra, Resident of villagePurani Bazaar Keshariya, P.S.- Keshariya, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Keshariya P.S. Case No. 256/2013 registered under Section 366A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the FIR. In course of investigation the statement of the victim Reena Devi was recorded under Section 164 of the Cr.P.C. which appears from para 68 of the case diary in which she has stated that the lady Urmila Devi who used to cook the meal in the school used to send her at the house of Pandit who also committed rape with her. Thereafter, on mere suspicion the petitioner Santosh Mishra being the caste of

Patna High Court Cr.Misc. No.57470 of 2015 (4) dt.18-02-2016 2/2 Brahmin has been arrested by the police. Further submission is that while the petitioner is in custody since 26.07.2015, he has not been put on T.I.P. for identification by the victim. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, East Champaran, Motihari in connection with POSCO Trial Case No. 45/2015 arising out of Keshariya P.S. Case No. 256/2013. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J.) Rakhi U T