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Patna High CourtCR. MISC./82544/2019allowed

Raksha Kumar v. The State Of Bihar

2020-03-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82544 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== RAKSHA KUMAR S/o Hira Singh R/o village- Ikhlaspur, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 354(D), 366, 376(D), 511 and 34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, neither the petitioner has been named in the F.I.R. nor the victim has disclosed his name in her statement recorded under Section 164 Cr.P.C. But in the T.I.P. the victim has stated a different story and stated that the petitioner has made a call to her

Patna High Court CR. MISC. No.82544 of 2019(3) dt.06-03-2020 2/2 which is evident from Annexure-3. The petitioner is rotting in judicial custody since 21.10.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-1st -cumSpecial Judge, Kaimur at Bhabua in connection with Bhabua Mahila P.S. Case No. 73 of 2019.

(Arvind Srivastava, J) brajesh/- U T