Patna High CourtCR. MISC./82888/2019bail granted

Rohit Kumar v. The State Of Bihar

2019-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82888 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== Rohit Kumar Son of Sanjay Das Resident of Mohalla - Ambedkar Nagar, P.S.- Jehanabad in the district of Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/376D/506/34 of the Indian Penal Code and Section 4 of POCSO Act. Though allegation of kidnapping of the minor girl is against the petitioner as well as co-accused Yugesh Kumar, however, allegation of commission of rape is only against coaccused Yugesh Kumar. Submission is that the matter is of love affairs between the victim and co-accused Yugesh Kumar and under pressure of the parents she gave statement under Section 164 Cr.P.C. Petitioner is in custody since 05.08.2019. Investigation of the case is already complete. There is no allegation of tampering with

Patna High Court CR. MISC. No.82888 of 2019(2) dt.13-12-2019 2/2 evidence against the petitioner.

Considering the nature of allegation and completion of investigation, 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 Jehanabad Mahila P.S. Case No.39 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 trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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