Kali Kumar @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58866 of 2017 Arising Out of PS.Case No. -225 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Kali Kumar @ Ritesh Kumar, son of Ram Updesh Yadav@ Ram Updesh Singh@ Updesh Yadav, resident of Village- Sonadih, P.S.- Kargahar, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 17.08.2017 in connection with a case registered for the offences punishable under Sections 376(D) of the Indian Penal Code and Section 4//6/8 of the POCSO Act.

The allegation against the petitioner is that when the occurrence was taking place, the petitioner was standing near the door.

Learned counsel for the petitioner submits that the main accused Sunil Yadav who is alleged to have committed rape on the victim girl has been released on bail by learned Sessions Judge (Annexure-3).

It is further submitted that there was enmity

Patna High Court Cr.Misc. No.58866 of 2017 (2) dt.13-12-2017 2/2 between the petitioner and the other co-accused and the occurrence as alleged was but a concocted story made to frame up the petitioner. It is also submitted that the other co-accused Shri Bhagwan Yadav has also been granted regular bail by the Court below as has been indicated vide Annexure-3 series. Considering the entire gamut of circumstances and nature of allegations made against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge (special Court), Rohtas at Sasaram, in connection with Kargahar P.S. Case No. 225/2017.

(Anjana Mishra, J) Saif/- U T