Rakesh Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69685 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== RAKESH BIN Son of Mantu Bin Resident of Village - Gaura, P.S.- Behea, Distt.- Bhojpur (Ara).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party/s:

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.06.2019 in connection with Behea P.S. Case No. 188 of 2019 for the offences alleged under Sections 366(A) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and there is considerable delay of about one week in lodging the F.I.R. on 12.06.2019 for the alleged occurrence of 05.06.2019. From the medical report of the so-called victim, her age has been assessed as above 18 years which belies the prosecution story. Statement is made at the Bar that they have since been solemnized marriage. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be

Patna High Court CR. MISC. No.69685 of 2019(2) dt.11-12-2019 2/2 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, Bhojpur at Ara, in connection with Behea P.S. Case No. 188 of 2019, 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) Ibrar//- U T