Ram Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1905 of 2021 Arising Out of PS. Case No.-391 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Ram Kumar Ray Son of Bal Kishun Ray Resident of Village - Hasanpur Gangati, P.S. - Goraul, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Goraul (Katahara O.P.) P.S. Case no. 391 of 2019 registered under section 376 of the Indian Penal Code and sections 4 and 18 of the POCSO Act. As per allegation in the F.I.R., the petitioner is stated to have assaulted the 15 years old daughter of the informant.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 29.6.2020 (Annexure-1) passed in Cr. Misc. no.15806 of 2020 giving liberty to the petitioner to renew his prayer for bail after completing 1 year in custody. The

Patna High Court CR. MISC. No.1905 of 2021(2) dt.02-02-2021 2/2 petitioner has remained in custody for 1 year and 3 months i.e since 21.10.2019.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the observation given by the aforesaid order dated 29.6.2020 and the petitioner having remained in custody since 21.10.2019, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Goraul (Katahara O.P.) P.S. Case no. 391 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessionscum-Special Judge, Vaishali at Hajipur. (Partha Sarthy, J) Bibhash/- U T