Patna High CourtCR. MISC./7849/2017bail granted

Umesh Sah v. The State Of Bihar

2017-04-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7849 of 2017 (3) dt.26-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7849 of 2017 Arising Out of PS.Case No. -160 Year- 2014 Thana -MAHESI District- SAHARSA ======================================================

1. Umesh Sah Son of Late Hargovind Sah @ Harinandan Sah Resident of Village - Bela, P.S. - Bihra, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 26.04.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court vide order dated 5.1.2016 passed in Cr. Misc. no. 136/2016 but the report of learned court below goes to show that up till, now charge could not be framed against the petitioner who is languishing in jail custody since 08.10.2014.

No doubt, victim stated the name of the petitioner in her statement recorded under section 164 of the Cr.P.C leveling allegation against the petitioner that it was the petitioner who sold her to other accused and later on, other accused committed rape on her but taking note of the period of detention of the petitioner in jail custody as well as this aspect of the matter that the petitioner does not have any criminal antecedent and there is no likelihood of conclusion of trial of the petitioner in near future, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.7849 of 2017 (3) dt.26-04-2017 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Saharsa in Sessions trial no. 200/2016 arising out of Mahishi P.S. Case no. 160/2014.

shahid (Hemant Kumar Srivastava,J) U T