Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9701 of 2017 (2) dt.08-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9701 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -MAHILA PS District- JEHANABAD ====================================================== Chandan Kumar, son of Sadhu Ram, resident of Village- Dhangawan, P.S. & District- Jehanabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2017 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 20.02.2017 passed in Cr. Misc. No. 1829 of 2017, on the ground that the victim has already been examined and she has not supported the allegation of rape by the petitioner and as such the petitioner now deserves sympathetic consideration.

Learned APP fairly submits that the victim girl during trial vide annexure-5 has not supported the allegation of rape against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions

Patna High Court Cr.Misc. No.9701 of 2017 (2) dt.08-03-2017 Judge 1, Jehanabad in S. Tr. No. 40/017/6/017 arising out of Jehanabad (Mahila) P.S. Case No. 69 of 2016, 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