Bittu @ Bittu Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.5348 of 2015 (2) dt.22-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5348 of 2015 Arising Out of PS.Case No. -19 Year- 2014 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== BITTU @ BITTU KUMAR, S/O LATE BALIRAM SHARMA, RESIDENT OF VILLAGE-TINERI, P.S-MASAURHI, DISTT-PATNA .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Parmod Kumar For the Opposite Party/s : Mr. Shyam Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is an accused in connection with Tharthari P.S. Case No. 19 of 2014, G.R. No. 305 of 2014 registered under Sections 372 and 366(A)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 24.09.2014 passed in Cr. Misc. No. 28368 of 2014 by this Court. It is further submitted that after investigation the police found the case true only under Section 366(A) of the Indian Penal Code against the petitioner while the victim in her statement under
Patna High Court Cr.Misc. No.5348 of 2015 (2) dt.22-04-2015 Section 164 of the Cr.P.C. has specifically stated that she was taken in the vehicle by her aunt not by this petitioner. It is further submitted that the case has been committed to the court of sessions numbered as Sessions Trial No. 611 of 2014 wherein the charge only under Section 366(A) of the Indian Penal Code has been framed. It is further submitted that petitioner has no criminal antecedent and is in custody since 04.03.2014. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Tharthari P.S. Case No. 19 of 2014, G.R. No. 305 of 2014. Out of two sureties, one surety must be the parents or close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T