Patna High CourtCR. MISC./30632/2017allowed

Om Prakash Kumar @ Sutun Kumar v. The State Of Bihar

2017-07-05Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30632 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30632 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Om Prakash Kumar @ Sutun Kumar, Son of Sri Vijendra Ravidas @ Brijnandan Ram, R/o- village- Ashopur, 0 Babakarpupr, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Kant Kumar, Adv., For the Opposite Party/s : Mr. Sri Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 03.08.2016 in connection with S.T. No. 281 of 2017 arising out of Danapur P.S. Case No. 314 of 2016 registered under Sections 366A, 376/34 of the Indian Penal Code and Section 8 of POCSO Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the prayer for bail of this petitioner has been refused by this Court with an observation that prayer for bail of this petitioner may be considered after framing of charge. Now, charges have been framed in this case, which is evident from annexure-6 to this application. The petitioner is still rotting in custody for the last 10 months..

Considering the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.30632 of 2017 (2) dt.05-07-2017 the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI, at Danapur (Patna) in connection with S.T. No. 281 of 2017 arising out of Danapur P.S. Case No. 314 of 2016. (Arvind Srivastava, J.) brajesh/- U T