Ganesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35709 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -MAHILA P.S District- SUPAUL ====================================================== Ganesh Mukhiya, son of Late Raghuni Mukhiya, resident of VillageMaheshpur Dhatta Ward No. 2, Police Station & District- Supaul. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with POCSO No. 08 of 2017, arising out of Supaul Mahila P.S. Case No. 39 of 2017 registered for the offences punishable under Sections 376, 302, 201, 120B/34 of the Indian Penal Code and 4 & 6 of POCSO Act.

Allegation against the petitioner is of committing rape upon sister of informant and killing her and her dead body was found in the orchard of Suchit Singh and post mortem report shows that she committed suicide.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case as he opposed the conduct of the girl and he is in custody since 28.3.2017. Heard learned APP also, who has opposed the prayer for bail on the ground that petitioner is named in the FIR, though he is made accused on suspicion and the girl was minor. Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.35709 of 2017 (3) dt.13-09-2017 2/2 circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the A.S.J. Ist, Supaul, in connection with POCSO No. 08 of 2017, arising out of Supaul Mahila P.S. Case No. 39 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months. (Vinod Kumar Sinha, J) spal/- U