Patna High CourtCR. MISC./81307/2019bail granted

Ritesh Kumar v. The State Of Bihar

2020-03-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81307 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== RITESH KUMAR Son of Jaynandan Ram @ Jaynandan Prasad Resident of Village - Dasturpar, P.S.- Chandi, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Chandrajeet Mohan, Advocate For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. The petitioner is languishing in custody for the offences punishable under Sections 376/504/34 of the Indian Penal Code.

Though the informant, aged about 21 years, has alleged that she was ravished by the petitioner by putting her in fear of death. However, the entire statement and subsequent conduct would reveal that she was a consenting party to the relationship with the petitioner.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts as well as the fact that

Patna High Court CR. MISC. No.81307 of 2019(3) dt.18-03-2020 2/2 there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, 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 the learned Court-below where the case is pending in connection with Mahila P.S. Case No.71 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T