Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40011 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Suresh Ram Son of Bathu Ram resident of village - Saidpur Kanua, P.S. Chak Mehshi, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ansarul Haque (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 376 /34 of the Indian Penal Code and Section 4 of the POCSO Act. The victim alleged that the accused raped her in an orchard. The victim identified the accused as Baiju Baitha. The allegation against the petitioner and other accused person is that they helped Baiju Baitha in fleeing away from the place of occurrence. It is submitted that the petitioner did not even touch the body of the victim. Similarly situated co-accused Lakhan Mahto has already been enlarged on bail in Cr. Misc. No. 28784/2015.

Considering the facts aforesaid and the fact that the only allegation against the petitioner is that he helped the accused Baiju Baitha in fleeing away from the place of occurrence, the

Patna High Court Cr.Misc. No.40011 of 2015 (2) dt.08-09-2015 2/2 above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Muzaffarpur in Mushahari P.S. Case No. 63/15.

(Prabhat Kumar Jha, J) Dilip/- U T