Patna High CourtCR. MISC./42489/2019bail granted

Rahman v. The State Of Bihar

2019-07-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42489 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Rahman S/o Hafij Ansari @ Mohd. Hafij Ansari Resident of Bhaisaha, P.S.- Indrapuri, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/511 of the Indian Penal Code and Section-4 of the POCSO Act.

Allegation in brief is that the prosecutrix, a minor girl, was kidnapped in the night by four boys for committing rape and was left in the early morning.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 07-03-2018. Charge sheet has already been submitted. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application. The

Patna High Court CR. MISC. No.42489 of 2019(2) dt.11-07-2019 2/2 petitioner is in custody since 07-03-2018. Four witnesses including the victim have already been examined in the present case. The deposition of the victim is part of Annexure-3 series. The victim in her deposition has not made allegation of rape against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Sasaram, Rohtas in connection with Indrapuri P.S. Case No. 213 of 2018.

(Sudhir Singh, J) A.K.V.//- U T