Mukesh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7811 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Raut, son of Late Pramod Raut, resident of village - Mishrauliya, Police Station Chiraiya, District - East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard the parties.

This application has been filed in connection with Chiraiya P.S.Case No.187 of 2016 for the offence under Sections 341, 323, 324, 325, 307, 366, 504, 506/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that though the allegation is made out for the offence under Section 364 as well as Section 307 of the Indian Pena Code but there is nothing on the record. The statement of the victim girl has been recorded under Section 164 Cr.P.C. and her age has been assessed as 22 years. The petitioner is in custody for about four months. Heard learned A.P.P. also, who could not controvert the aforesaid facts.

Having heard both sides and in view of the statement of the

Patna High Court Cr.Misc. No.7811 of 2017 (2) dt.22-02-2017 2/2 victim girl under Section 164 Cr.P.C. and the petitioner is in custody for about four months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM, Sikarahana at Dhaka, District- East Champaran at Motihari in connection with Chiraiya P.S.Case No.187 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U