Patna High CourtCR. MISC./36274/2017disposed

Ramu Maraiya v. The State Of Bihar

2017-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36274 of 2017 Arising Out of PS.Case No. -23 Year- 2011 Thana -BANMANKHI District- PURNIA ======================================================

1. Ramu Maraiya Son of Sri Moti Maraiya resident of Village - Kajhi, Deottar, P.S. - Banmankhi, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Banmankhi P.S.Case No.23 of 2011, registered for the offences punishable under Sections 366 (A) and 120(B) of the Indian Penal Code.

Allegation against the petitioner is of assisting the main accused in kidnapping the girl and thereafter it is alleged that the main accused had taken her to Hyderabad and committed rape on her there. The girl has also supported the above allegation in her statement under Section 164 Cr.P.C.

Submission of the learned counsel for the petitioner is that at best the allegation against the petitioner is of assisting the other co-accused persons and there is no allegation of committing

Patna High Court Cr.Misc. No.36274 of 2017 (3) dt.30-08-2017 2/2 any wrong on her except assisting the co-accused and he is in custody for about five months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, this application is disposed of with direction to the learned trial court that once the charge is framed against the petitioner in this case, he will release the petitioner in connection with Banmankhi P.S.Case No.23 of 2011 to his own satisfaction.

With the aforesaid observation, this application is dispsoed of.

(Vinod Kumar Sinha, J) chn/- U T