Rakesh Sao @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5666 of 2017 Arising Out of PS.Case No. -229 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Rakesh Sao @ Rakesh Kumar S/o Mahendra Sao R/o Village Simra, P.S. Simra, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 229 of 2014 registered under Sections 341, 323, 354, 354B, 506 and 509/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the FIR as on the basis of the statement of the victim/ informant. Aurangabad (T) P.S. Case No. 229 of 2014 was instituted against accused Ankit Kumar Gupta and Vishal @ Golu. While in course of investigation the name of the petitioner was disclosed by the victim and her parents in their statement recorded under section 161 Cr.P.C. detailed in paragraph-34, 35 and 36 of the case diary but the victim has not disclosed the name of the petitioner in her

Patna High Court Cr.Misc. No.5666 of 2017 (5) dt.24-04-2017 statement recorded under section 164 Cr.P.C. later on as culprit. Learned counsel appearing for the informant while opposing the prayer of anticipatory bail of the petitioner but conceded that the victim-informant has not disclosed the name of petitioner in her fardbeyan and her statement recorded under section 164, she has only stated the name of accused Ankit Kumar Gupta and Vishal.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Rakesh Sao @ Rakesh Kumar be released on bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Aurangabad in connection with Aurangabad (Town) P.S. Case No. 229 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) S.Sb/- U T