Dharmendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56310 of 2017 Arising Out of PS.Case No. -312 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Dharmendra Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and the A.P.P. for the State.

Petitioner is in jail custody since 01.10.2015 and earlier his prayer for bail was twice rejected by this Court taking note of the statement of the victim girl made under Section 164 Cr.P.C. but learned counsel for the petitioner submits that in course of the trial victim was examined as prosecution witness No.1 but she did not support the story of kidnapping and rape which is evident from Annexure-3 to the petition.

Considering the statement of victim recorded before the trial court as well as period of detention in jail custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two

Patna High Court Cr.Misc. No.56310 of 2017 (2) dt.22-11-2017 2/2 sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st., Siwan, in POCSO Tr.No.45/17 arising out of Barharia P.S.Case No.312/15. (Hemant Kumar Srivastava, J) AnilKrSinha/- U