Patna High CourtCR. MISC./49068/2016bail granted

Kishan Raut v. The State Of Bihar

2017-02-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.49068 of 2016 (4) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49068 of 2016 Arising Out of PS.Case No. -279 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Kishan Raut Son of Vinod Raut, Resident of Mohalla- Lohapatti, Ward No.- 16, P.S.- Madhubani, Dist.- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 22.02.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Trial court has reported that the matter is pending for framing of the charge. Petitioner is in jail custody since 17.7.2015 and earlier his prayer for bail was rejected by this court at infancy stage of the case.

Victim claimed that she was kidnapped and raped by the petitioner and his associate but submission on behalf of the petitioner is that the petitioner was a teen aged boy at the time of alleged occurrence and, as a matter of fact, petitioner and the victim fell in love and both eloped from their respective homes. To fortify the above stated contention, learned counsel for the petitioner drew my attention towards annexure 2 series, joint photograph of the petitioner as well as victim girl.

No doubt, victim was minor at the time of alleged

Patna High Court Cr.Misc. No.49068 of 2016 (4) dt.22-02-2017 occurrence and in her statement, she stated that she was kidnapped and raped by the petitioner but joint photograph of the victim and the petitioner tells a different story. Moreover, petitioner is in jail custody for a considerable period and up till now, his trial has not commenced. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Madhubani in Madhubani P.S. Case no. 279/2015. shahid (Hemant Kumar Srivastava,J) U T