Rohit Kumar Mishra @ Rohit Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.31924 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31924 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -MAHILA P.S. District- SARAN ====================================================== Rohit Kumar Mishra @ Rohit Mishra Son of Bhutali Mishra, Resident of Village- Senduwar, P.S.- Ekma, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Mishra, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.03.2017 in connection with Saran Sadar P.S. Case No. 12 of 2017 for the alleged offences under Section 376 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of a land dispute with the ex-Mukhiya in whose house the informant was working as maid servant and the accusation of the same nature are highly improbable considering that the informant is of 73 years of age. Statement of the petitioner made also before the learned Additional Sessions Judge-VIII was that the medical report did not disclose any evidence of rape. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the

Patna High Court Cr.Misc. No.31924 of 2017 (2) dt.13-07-2017 facts and circumstances of the case. let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Saran Sadar P.S. Case No. 12 of 2017 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T