Rohit Kumar @ Vishwajeet Bhardwaj v. The State Of Bihar

Patna High Court Cr.Misc. No.17405 of 2018 (3) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17405 of 2018 Arising Out of PS.Case No. -312 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Rohit Kumar @ Vishwajeet Bhardwaj, Son of Anirudh Jha, Resident of Village- Balha Police Station Maraiaya, District- Khagaria .. Petitioner

Versus

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

For the Petitioner : Mr. Bharat Bhushan, Advocate For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 376D, 306 and 34 IPC and sections 6 and 12 of the POCSO Act.

Learned counsel for the petitioner submits that in the FIR and the suicide note of the victim, which have been referred to in the court, there is implication of only Mritunjay Kumar and the petitioner has been implicated in this case on the basis of suspicion on which basis his name has been taken in the restatement of the mother of the victim. He further submits that from perusal of the post mortem report it is also apparent that the victim was 18 years old. Prior to the lodging of this case, petitioner is not an accused in other case. Petitioner is in custody since 30.10.2017.

Considering the aforesaid submissions, prayer for bail of

Patna High Court Cr.Misc. No.17405 of 2018 (3) dt.27-04-2018 the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Bhagalpur in Sabour Police Station Case No. 312 of 2017 on the following grounds:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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