Patna High CourtCR. MISC./10929/2015disposed

Sunil Kumar v. The State Of Bihar

2015-07-02Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.10929 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10929 of 2015 Arising Out of PS.Case No. -135 Year- 2012 Thana -PAROO District- MUZAFFARPUR ====================================================== Sunil Kumar Son of Sri Dasai Mahto, resident of Village - Paroo, P.. - Paroo, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner.

No one appears on behalf of the State.

This is a repeat application seeking regular bail in a case registered under sections 363 & 366-A of the Indian Penal Code.

It appears that earlier the petitioner had moved this Court for bail which was considered and rejected vide order dated 03.04.2013 granting him liberty to renew his prayer for bail after the examination of the victim. It has been submitted that the victim has now been examined. Five out of seven witnesses have been examined in the trial. The materials on record definitely suggest that the girl had attained the age of discretion inasmuch as she was holding a bank account. It has also been stated that the

Patna High Court Cr.Misc. No.10929 of 2015 (3) dt.02-07-2015 petitioner is in custody since 06.09.2012.

Be that as it may, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected.

However, considering the fact that the petitioner is in custody since 06.09.2012, the court below is directed to conclude the examination of all the prosecution witnesses within two months from the date of receipt/production of a copy of this order failing which the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the trial court in S. Tr. No. 188 of 2013 arising out of Paroo P.S. Case No. 135 of 2012 on condition that one of the bailor shall be own/close family member of the petitioner. The petitioner will continue to appear in person in trial on all the dates fixed thereat. In case of default, the trial court shall cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U