Patna High CourtCR. MISC./58848/2018bail granted

Mahabir Singh @ Monu @ Manu Kumar v. The State Of Bihar

2018-10-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58848 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -MAHILA P.S. District- PATNA ======================================================

1. Mahabir Singh @ Monu @ Manu Kumar, Son of Sri Dhanajay Singh, Resident of Mohalla- Purani Bahadurpur, Near Bazar Samittee, Main Gate, Police Station- Bahadurpur, Town and District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Upendra Kumar Singh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mahila P.S. Case No. 58/2018, instituted for the offences under Sections 376(D), 379 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The victim girl has not taken the name of this petitioner in her statement recorded under Section 164 Cr.P.C. Name of this petitioner has come in the confessional statement of co-accused Priyanshu and Ritesh Kumar. In the written report, informant has specifically alleged that firstly Priyanshu committed rape with her and thereafter four other accused persons committed rape with her. In her statement,

Patna High Court Cr.Misc. No.58848 of 2018 (3) dt.29-10-2018 2/2 she has disclosed the name of Ayush, Aman, Saurabh and Manish. It is further submitted that co-accused Ritesh Kumar has already been granted bail by this Court in Cr. Misc. No. 57795/2018 dated 05.10.2018.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Priya Shekhar, Judicial Magistrate 1st Class, Patna in connection with Mahila P.S. Case No. 58/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T