Chandan Mahto @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1892 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -RIGA District- SITAMARHI ======================================================

1. Chandan Mahto @ Chandan Kumar son of Gokhul Mahto Resident of village - Punaura, P.O. Punaura, P.S. Sitamarhi, District - Sitamarhi. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pushpendra Kumar Singh,Advocate For the Respondent/s : Mr. Binay Krishna, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties. The appellant seeks regular bail in connection with Riga P.S.Case No. 45 of 2016 registered for offences punishable under Sections 363, 366 (A), 376, 120 (B) of the Indian Penal Code and Section 3 (1) (XII) SC/ST Prevention of Atrocities Act.

Allegation against the appellant is of kidnapping the victim and has committed rape with her.

It has been submitted on behalf of the appellant that there the informant is a major more than 18 years and as per F.I.R. he has not committed any offence and he is in custody since 04.12.2016.

Heard learned A.P.P. also.

Patna High Court CR. APP (SJ) No.1892 of 2017 (4) dt.31-08-2017 2/2 Having heard both sides, in view of the facts as stated above, this appeal is allowed. Let, the appellant above named, be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge- cum- Special Judge (S.C./S.T) Act, Sitamarhi in Riga P.S.Case No. 45 of 2016. The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Sudha/- U T