Patna High CourtCR. MISC./5633/2017bail granted

Ram Hriday Sah v. The State Of Bihar

2017-02-07Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5633 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Ram Hriday Sah, S/o Ram Chandra Sah, R/o Village-Balbhishwa, P.S.- Bajpatti, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-02-2017 The petitioner seeks regular bail in connection with Bajpatti P.S. Case No. 35 of 2016, instituted for the offences punishable under Sections 366, 366A, 376 of the Indian Penal Code.

The allegation as per complaint petition is that when the informant went for natural call in the evening, the petitioner and co-accused Baueji Rai came on motorcycle and forcibly got her seated on the motorcycle and took her to some place. She was kept confined and co-accused Baueji Rai committed rape on several occasions.

The learned counsel for the petitioner submitted that only allegation is that he facilitated the co-accused Baueji Rai in kidnapping the victim. The occurrence allegedly took place on 23.02.2016 and the complaint case was filed after recovery of the

Patna High Court Cr.Misc. No.5633 of 2017 (2) dt.07-02-2017 2/2 victim i.e. after five days of the occurrence. He further submits that she had some affairs with the co-accused Baueji Rai. The petitioner is in custody since 21.11.2016.

Learned APP, on the other hand, opposed the prayer. Considering the facts and circumstances of the case, the bail prayer of this petitioner (Ram Hriday Sah) is allowed and he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupari, Sitamarhi in connection with Bajpatti P.S. Case No. 35 of 2016.

(Sanjay Kumar, J) rohit/- U T