Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51572 of 2019 Arising Out of PS. Case No.-153 Year-2016 Thana- MANER District- Patna ====================================================== Akhilesh Rai (Male), aged about 24 years, Son of Krishna Rai, Resident of Village - Ganga Tola, Tari Par, P.S.- Maner and Dist.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 376, 511 and 34 of the Indian Penal Code and Section 4 of the Prevention of Children from Sexual Offence Act.

Informant is father of the victim girl who in his written complaint has stated that petitioner misbehaved and teased his minor daughter and also attempted to commit rape upon her. Allegations have been supported by the minor victim in her statement recorded under Section 164 Cr.P.C. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village rivalry. Occurrence took place on 28.03.2016 whereas FIR was instituted on 02.04.2016. Petitioner has got no criminal

Patna High Court CR. MISC. No.51572 of 2019(3) dt.30-09-2019 2/2 antecedent and is in custody since 23.06.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.46 of 2016 arising out of Maner P.S. Case No. 153 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T