Randhir Pratap Singh @ Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47817 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Randhir Pratap Singh @ Kunal Singh, son of Rameshwar Singh @ Rameshwar Narayan Singh, Resident of Village Tharbitiya P.S Pakridayal District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Kant Shukla, Adv. Mr. Shakti Suman Kumar, Adv.

For the Opposite Party/s : Mr. Amrendra Pd.(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 04-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Randhir Pratap Singh @ Kunal Singh, in connection with Dhaka Police Station Case No. 33 of 2015, under Sections 376/34 of the Indian Penal Code and Sections 4/6 of POCSO Act.

Perused the above application and materials on record.

Heard Mr. Uma Kant Shukla, learned Counsel for the petitioner, and Mr. Amrendra Prasad, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.47817 of 2015 (2) dt.04-11-2015 2/3 has been in custody since 12.8.2015 in connection with the case aforementioned and though charge sheet has been submitted, the materials on record indicate that accused Bullet Singh, who has not applied for bail, was the one who had entered into the house in question where the rape had allegedly been committed, and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned 1st Additional Sessions Judge, Motihari, in connection with Dhaka Police Station Case No. 33 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.47817 of 2015 (2) dt.04-11-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T