Bharat Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69316 of 2024 Arising Out of PS. Case No.-469 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.
Bharat Ram S/o Bano Ram R/o Village- Kalyanpur, PS- Jamui, DistrictJamui 2.
Kush Kumar S/o Laxman Rajak R/o vill - Khairma, P.S. - Jamui, Distt. - Jamui, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Tiwari For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2024
1. Heard learned counsel for the petitioners and learned APP for the State, Mr. Rabindra Kumar.
2. The petitioners seek bail in a case registered for the offences punishable under Sections 70(1), 61(2) and 123 of the Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that she was known to Deepa and on her request she had come to Jamui on 16.07.2024 for doing catering work with Pinki, an acquaintance of Deepa, further, Habla, having mobile No. 7980299416, who was known to Deepa from before had brought her from Howrah to Jamui, further, Habla on reaching Jamui took her to Baba Hotel where Pinki and Roushan were present from before, it is next alleged that informant was taken to a room on direction of the owner of Baba Hotel near a Hanuman temple,
Patna High Court CR. MISC. No.69316 of 2024(3) dt.13-12-2024 2/3 thereafter on 17.07.2024, Pinki and Roushan took her to Baba Hotel where three persons in turn raped her whom she can identify, further, the said occurrence was committed with her till 23.07.2024 by different persons, it is next alleged that Pinki and Roushan on 23.07.2024 after intoxicating the informant brought her to Jamui Railway Station, as such, she was not in her senses and when she regained consciousness on 24.07.2024 at 10:00 AM she found herself in Sadar Hospital, Deoghar, where police was also present and her medical checkup was conducted and thereafter she was brought to Rail PS, Jasidih where Pinki was also present, thus, alleges that in the crime Habla, Deepa, Pinki, Roushan and brother of Roushan Mukhiya are involved.
4. Learned counsel for the petitioners submits that petitioners are not named in the FIR and they came to be implicated during the course of investigation being employee of Baba Hotel. It is next submitted that owner of Baba Hotel namely Suryakant Jha had approached this Court seeking bail by filing Criminal Miscellaneous No. 68278 of 2024 and the same was allowed by an order dated 22.11.2024. It is further submitted that the informant does not allege that any employee of the hotel were involved in the occurrence. It is also submitted that petitioners are in custody since 26.07.2024 and charge sheet has been submitted as such no useful purpose would be served by keeping the
Patna High Court CR. MISC. No.69316 of 2024(3) dt.13-12-2024 3/3 petitioners in jail.
5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Trial Court where the case is pending in connection with Jamui P.S. Case No. 469 of 2024.
7. However, if the learned trial court comes to a conclusion that petitioners, after their release on bail, are trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. (Satyavrat Verma, J) Rishabh/- U T