Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59110 of 2019 Arising Out of PS. Case No.-17 Year-2016 Thana- JAMOBAZAR District- Siwan ====================================================== RAHUL KUMAR Son of Late4 Bijay Chaudhary Resident of Village- Ramraj More, P.S.- Siwan Town, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Heard the parties.

The petitioner seeks regular bail in connection with Jamo Bazar PS Case No.17/16 registered for offences punishable under Sections 366A/34 of the Indian Penal Code. As per FIR the victim girl has named the petitioner in her statement under Section 164 Cr.P.C. and stated that they have kidnapped and committed rape upon her. It further appears that earlier prayer for bail of the petitioner was rejected by the then Co-ordinate Bench of this Court vide order dated 25.2.2019 passed in Cr. Misc. No.75597 of 2018.

Submission of the learned counsel for the petitioner is that the girl was major and other co-accused persons have been granted bail by this Hon'ble Court vide order dated

Patna High Court CR. MISC. No.59110 of 2019(3) dt.16-11-2019 2/2 6.11.2017 passed in Cr. Misc. No.39791 of 2017. Petitioner is in custody since 26.9.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as state2019d above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge III, Siwan in Sessions Trial No.509 of 2017 in connection with Jamo Bazar P.S.Case No.17 of 2016, with condition to co-operate in the investigation and appear as and when required.

With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T