Rajesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39097 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- KORHA District- Katihar ====================================================== RAJESH KUMAR SHARMA S/o Opi Sharma R/o village- Rahika Tola Bishahariya, P.S.- Sadar Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 20.12.2018 passed in Cr. Misc. No.69097 of 2018 and there is allegation against the petitioner of assisting the other accused persons in committing rape.

Submission of the learned counsel for the petitioner is that the victim-informant has been examined and the deposition is kept as Annexure-5, in which she has not identified the petitioner and stated that he has not done anything. Petitioner is in custody for about one year.. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed

Patna High Court CR. MISC. No.39097 of 2019(2) dt.27-06-2019 2/2 of with direction to the learned court below to verify the above submissions and if it is true that the victim has not identified him in the court below and has not stated anything against him, the petitioner shall be released on bail to his own satisfaction in connection with Korha P.S.Case No.272 of 2018 (G.R.No.3171 of 2018).

With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U