Raju Hussain @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61748 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -MAHILA P.S. District- SEKHPURA ====================================================== Raju Hussain @ Raju S/o Abid Hussain, R/o Mohalla- Girihinda Chowk, (Chakandara), P.S. and District- Sheikhpura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Sheikhpura Mahila PS Case No. 36 of 2017 registered under Sections 363, 366A, 376(D) of the IPC, Section 67(Kha) of Information & Technology Act and under Section 4 of POCSO Act.

The allegation in brief is that the petitioner along with his brother raped the prosecutrix while she was returning back from the coaching institute and also made videography. Learned Counsel for the petitioner submits that the FIR was lodged after two days delay and the allegation of rape is made against two accused persons including Lalu but no evidence of mark of resistance or rape was found in the medical examination. Another co-accused Md. Lalu has been admitted to bail by a coordinate Bench of this Curt and the petitioner is in custody since 13.8.2017 and has clean antecedent.

Having considered the said facts and circumstances, the petitioner, namely, Raju Hussain @ Raju is directed to 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 Additional

Patna High Court Cr.Misc. No.61748 of 2017 (4) dt.08-02-2018 Sessions Judge Sheikhpura in connection with Sheikhpura Mahila PS Case No. 36 of 2017 with the condition that one of the bailors must be a close family member of the petitioner.

The petitioner is directed to appear before the trial court on each date and in case of failure to appear on two consecutive dates without reasonable cause his bail bonds shall be liable to be cancelled.

, (Arun Kumar, J.) Snkumar/- U T