Indra Deo Rishideo @ Indradeo Sada v. The State Of Bihar

Patna High Court Cr.Misc. No.54156 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54156 of 2016 Arising Out of PS.Case No. -494 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Indra Deo Rishideo @ Indradeo Sada, Son of Dileshwar Rishideo, Resident of Village- Bhawdeva P.S.- Bakhtiyarpur (Balwa O.P.) Dist.- Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 23.06.2016 passed in Cr. Misc. No. 15853 of 2016, on the ground that the petitioner is suffering in custody since 02.01.2016, he is not named in the first information report, the Police after investigation submitted final form against him and he was not sent up for trial. The victim girl has named the petitioner also, resulting, he is suffering in custody. The medical evidence also does not support the allegation of rape as no definite evidence of rape was found.

Learned APP opposes the prayer of bail by submitting that the victim girl in her statement recorded under Section 164 Cr.P.C. has stated the name of the petitioner also stating that

Patna High Court Cr.Misc. No.54156 of 2016 (2) dt.21-12-2016 the petitioner and others committed illegal acts with her. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, at present, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected in connection with POCSO Case No. 02 of 2016 arising out of Bakhtiyarpur (Balwa Hat O.P.) P.S. Case No. 494 of 2015.

However the petitioner may be at liberty to renew his prayer of bail after examination of the victim girl. (Jitendra Mohan Sharma, J) avin/- U T