Patna High CourtCR. MISC./50873/2017bail granted

Md. Raja v. The State Of Bihar

2018-01-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50873 of 2017 Arising Out of PS.Case No. -277 Year- 2014 Thana -NANHPUR District- SITAMARHI ====================================================== Md. Raja Son of Md. Harun @ Md. Harul, R/o Village- Patnukka, P.S.- Nanpur, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Sri Narendra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 342, 323, 376, 380, 313, 427, 504, 506 of the Indian Penal Code and 12/17 of POCSO Act.

Earlier, prayer of bail of the petitioner was refused in Cr.Misc.No. 48401 of 2016 by order dated 26.11.2016 with liberty to the petitioner to renew the prayer, if the trial does not progress within seven month from the date of receipt/production of a copy of this order. The impugned order would reveal that the trial has not commenced. Petitioner is in custody since 19.07.2016. Allegation is that he sexually exploited to the daughter of the

Patna High Court Cr.Misc. No.50873 of 2017 (2) dt.30-01-2018 informant, as the victim was mentally retarded. During course of investigation, it was found that the victim was a married lady.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nanpur Police Station Case No.277 of 2014, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T