Saurabh Kumar @ Saurabh Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4133 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Saurabh Kumar @ Saurabh Raj, S/o Bhusan Singh, R/O Village - Lodiya, P.S. - Lakhisarai, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra For the Opposite Party/s :

Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376A and 379/34 of the Indian Penal Code.

The informant along with her boy friend initially searched for a hotel for their stay and when no hotel was found available, the boy friend telephoned to his friend Priyanshu. Priyanshu asked them to came to his house. Both went to the house of Priyanshu where four persons including Priyanshu allegedly ravished her. She named the petitioner and others including Priyanshu, on the basis of the miscreants calling name of each others.

Submission is that the petitioner is in custody since

Patna High Court CR. MISC. No.4133 of 2019(3) dt.16-04-2019 2/2 03.06.2018. He was never put on Test Identification Parade. He has got no criminal antecedent. Hence, it cannot be said that miscreants Saurabh Kumar was the same person as the petitioner.

However, contention is that co-accused Ritesh Kumar, who was friend of the informant and had taken her to his friend's house, has already been allowed bail by a Coordinate Bench of this Court vide order dated 05.10.2018 passed in Cr. Misc. No. 57795 of 2018 (Annexure-2 series).

Considering the aforesaid facts, specially, the nonestablishment of the identity of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahila Police Station Case No. 58 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T