The Single Judge granted bail to the petitioner in a kidnapping, abduction, and rape trial pending at Mufassil Police Station, East Champaran, noting that the victim did not identify him during her testimony.
Release of the petitioner on bail upon furnishing a bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5807 of 2019
Arising Out of PS. Case No.-99 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran
====================================================== Sunil Prasad Kushwaha, Son of Shambhu Prasad @ Shambhu Prasad Kushwaha R/o Village- Madhubani Ghat, P.S. - Mufassil, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Upendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 06-02-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 365 and 366/34 of the Indian Penal Code.
The FIR was lodged with allegation that the victim a minor girl was kidnapped by the named persons and was allegedly raped by co-accused Baiju. Allegation is that the petitioner was also there. Petitioner is in custody since 16.03.2018.
Submission is that the subsequent development is that the victim has already been examined during trial of the case and she has not even identified the petitioner in Court, rather
Patna High Court Cr.Misc. No.5807 of 2019(2) dt.06-02-2019 2/2
levelled allegation of rape against other persons.
Considering the aforesaid material, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mufassil Police Station Case No. 99 of 2018, subject to the condition that 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.
(Birendra Kumar, J)
Kundan/Rajan
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a kidnapping and rape case pending trial where the victim has not identified him.
1 provisions across 1 enactments
Sunil Prasad Kushwaha
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
