Patna High CourtCR. MISC./72905/2022bail granted

Kaushal Kishore Ray @ Kashal Kishor Rai v. The State Of Bihar

2023-03-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72905 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- ANDHRATHARHI District- Madhubani ====================================================== Kaushal Kishore Ray @ Kashal Kishor Rai Son Of Indubhushan Ray R/O Village- Mangrouna, P.S.- Andharathadhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Namrata Mishra, Advocate Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Andrathardhi P.S. Case No. 23 of 2021, G.R. No. 391/2021, registered for the offence punishable under Sections 376, 384, 366(a), 504, 506/34 of the Indian Penal code. From reading of the F.I.R., it appears that it is a case of consensual sex between two adults. The petitioner is in custody since 22.08.2022.

Considering the aforesaid facts and also the period of custody, this application is allowed.

Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.72905 of 2022(2) dt.04-03-2023 2/2 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur, District- Madhubani in connection with Andrathardhi P.S. Case No. 23 of 2021, G.R. No. 391/2021.

This is also subject to the conditions that (i) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Andharathadhi Police Station, District- Madhubani on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T