Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50808 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== 1.

AJAY RAI Son of Kameshwar Rai Resident of Village - Semara, P.S.- Barahara, Distt.- Bhojpur 2.

Om Rai Son of Dudhnath Rai Resident of Village - Semara, P.S.- Barahara, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Barhara P.S. Case No. 43/2018, instituted for offence under Section(s) 366(A)/34 of the Indian Penal Code read with Section 4 of POCSO Act. Later on Section 376(D), 302, 376(A) of the Indian Penal Code were also added.

Learned counsel for petitioners has submitted that petitioner is not named in the written report. It is alleged in the written report that on the date of occurrence while daughter of informant had gone to attend call of nature, co-accused Chhotu Kr. Singh, Balwant Singh and one

Patna High Court CR. MISC. No.50808 of 2019(2) dt.17-08-2019 2/2 unknown person kidnapped her.

Learned counsel for petitioners has submitted that name of these petitioners have come on the basis of confessional statement of co-accused Balwant Singh.

The other co-accused has already been granted bail by this Court vide order 27.03.2019 passed in Cr. Misc. No. 17536/2019.

Petitioners are in custody since 11.06.2019. Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st, Ara, Bhojpur, in connection with Barhara P.S. Case No. 43/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T