Patna High CourtCR. MISC./2635/2023bail granted

Rishi Kumar v. The State Of Bihar

2023-03-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2635 of 2023 Arising Out of PS. Case No.-15 Year-2021 Thana- MAHILA P.S. District- Banka ====================================================== Rishi Kumar, Son of Bhupendra Yadav, R/v- Kamaldih, P.S.- Banka, DistrictBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 376, 379 and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and two others are said to have committed rape on the informant. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 10.5.2022 (Annexure-1) passed in Cr. Misc. no.55747 of 2021 giving liberty to the petitioner to renew his prayer for bail after six months or after framing of charge, whichever is later. Referring to the order dated 28.7.2022 of the learned trial Court, it is submitted that charge has been framed against the petitioner. The petitioner is in custody since

Patna High Court CR. MISC. No.2635 of 2023(3) dt.22-03-2023 2/2 21.6.2021 and undertakes to cooperate in the trial. Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, liberty granted to the petitioner by the aforesaid order of rejection dated 10.5.2022, charge having been framed in the case together with the petitioner having remained in custody for 1 year 9 months since 21.6.2021, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.222 of 2022 (arising out of Banka P.S. Case no.15 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka.

(Partha Sarthy, J) avinash/- U