Patna High CourtCR. MISC./33497/2016bail granted

Husmuddin v. The State Of Bihar

2016-08-24Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.33497 of 2016 (2) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33497 of 2016 Arising Out of PS.Case No. -450 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Husmuddin S/o Mustakim Mian, Resident of village- Durganagar, New Bus Stand, Ward No. 38, Bettiah (T) District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-08-2016 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 29.03.2016 passed in Cr. Misc. No. 53265 of 2015, on the ground that the victim informant during examination in the court in her deposition vide paragraph 24 has specifically stated that the petitioner has not committed rape with her and as such the petitioner deserves sympathetic consideration to which learned APP fairly submits that during cross-examination the victim has not supported the prosecution version.

In the facts and circumstances stated above and now under the changed circumstances, the petitioner above named is directed to be released on bail on execution of bail bond of Rs.

Patna High Court Cr.Misc. No.33497 of 2016 (2) dt.24-08-2016 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judgecum-Special Judge, Bettiah, West Champran in connection with Bettiah Muffasil P.S. Case No. 450 of 2015 (SGR No. 69 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