Patna High CourtCR. MISC./48048/2018bail granted

Abhijit Kumar v. The State Of Bihar

2018-09-27Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48048 of 2018 Arising Out of PS.Case No. -291 Year- 2017 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Abhijit Kumar, Son of Sri Dinesh Rai, Resident of Village- Rajiv Nagar, Veer Kuar Singh Chok, Police Station- Rajiv Nagar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 The petitioner seeks regular bail in connection with Rajeev Nagar P.S. Case No. 291 of 2017, registered for offences punishable under Section 376(D) of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner and others is of committing rape with the informant.

It has been submitted on behalf of the petitioner that petitioner has falsely been made accused in this case, which will appear from the fact in the first version of the case i.e. F.I.R., the petitioner was no where in the picture as in the F.I.R. it is alleged that Shankar Yadav, Rishabh, Raju and Raushan committed rape on her but subsequently, the girl in her statement recorded under Section 164 Cr.P.C. has named the petitioner as one of the

Patna High Court Cr.Misc. No.48048 of 2018 (3) dt.27-09-2018 2/3 persons, who also committed rape with her and also stated that the Raushan had not committed rape with her. Further petitioner has been in judicial custody since 20.11.2017.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, -I -cum Special Judge, POCSO, Patna, in connection with Rajeev Nagar P.S. Case No. 291 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.48048 of 2018 (3) dt.27-09-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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