Patna High CourtCR. MISC./59046/2017bail granted

Painter v. The State Of Bihar

2018-01-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59046 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -MAHILA PS District- DARBHANGA ====================================================== Painter S/o Late Indris , R/o Village- Malpatti, P.S.- Kamtaul, Distt.- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147,323,341,504,376/34 of the Indian Penal Code and under Section 4/6 of POCSO Act. Allegation against the petitioner and co-accused Md. Saddam @ Rajan is of commission of rape on the minor daughter of the informant on 29.09.2015. Co-accused Md. Saddam @ Rajan has already been granted bail by a Coordinate Bench of this Court on 20.01.2017 in Cr.Misc. No. 1937 of 2017 for the reason that the FIR was lodged on 23.01.2016 after more than three months of the occurrence and there was no explanation for such delayed information of such heinous crime. Other

Patna High Court Cr.Misc. No.59046 of 2017 (3) dt.05-01-2018 enmities between the parties was also noticed. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Darbhanga Mahila Police Station Case No.08 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T