Kishun Bhagat @ Ramkishun Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41939 of 2019 Arising Out of PS. Case No.-1624 Year-2012 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== KISHUN BHAGAT @ RAMKISHUN BHAGAT Son of Late Bholu Bhagat Resident of Village - Shivrahan Chatarbhuj, P.S.- Ahiyapur, Distt - Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sima Devi Wife of Ramesh Manjhi, D/o Mahesh Manjhi Resident of Village - Shivrahan Chatarbhuj, P.S.- Ahiyapur, Distt - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Prasad Singh For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Complaint Case No. 1624 of 2012 corresponding to Trial No. 968 of 2018, instituted for the offence under Section(s) 376/34 of the Indian Penal Code.
In the written report it is alleged that on the date of occurrence, this petitioner along with co-accused Kameshwar Prasad entered into the house of complainant and committed illegal act with her.
Counsel for the petitioner submits that petitioner is 70 years old person. He has been falsely implicated in the
Patna High Court CR. MISC. No.41939 of 2019(2) dt.11-07-2019 2/2 instant case. There is no medical examination of the victim girl. He further submits that co-accused Kameshwar Prasad has already been granted bail by coordinate Bench of this Court vide order dated 28.2.2017 passed in Cr. Misc. 2002 of 2017. Petitioner is in custody since 11.4.2019 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate, 6th, Muzaffarpur (East) in connection with Complaint Case No. 1624 of 2012 corresponding to Trial No. 968 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T