Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53594 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- DARPA District- East Champaran ====================================================== Mithilesh Kumar, Son of Umesh Sah, Resident of Village-Belahiya, P.S.- Darpa, District-East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Darpa P.S. Case No.46 of 2019 registered for the offences punishable under Sections 366A, 364, 323 and 504 read with 34 of the Indian Penal Code.

Considering that there is an inordinate an unexplained delay of six days in institution of the first information report as also that the alleged victim has not stated in her statement under Section 164 of the Code of Criminal Procedure that the petitioner sexually exploited her in any manner, in the event of arrest or surrender in the court below within a period of six weeks, the petitioner, who is reported to be a man of clean antecedent having got roots in the society, is directed to be

Patna High Court CR. MISC. No.53594 of 2019(3) dt.16-11-2019 2/2 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 learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Darpa P.S. Case No.46 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T