The Patna High Court granted bail to the petitioner, an accused in a gang rape case, directing him to furnish a bond of Rs. 25,000 along with two sureties to the Additional Sessions Judge.
Petitioner released on bail by furnishing a bond of Rs. 25,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68214 of 2019
Arising Out of PS. Case No.-69 Year-2017 Thana- DARBHANGA District- Darbhanga
======================================================
AKASH MAHTO @ VIVEK KUMAR Son of Ashok Mahto @ Ashok Kumar Mahto Resident of Village- Juravan Singh, Gandhi Chowk, Naka No. 3 of Darbhanga Town, P.S.- Darbhanga Town, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Arun For the Opposite Party/s : Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 18-12-2019
Earlier the prayer for bail of the petitioner was dismissed vide order dated 08.05.2019 passed in Cr. Misc. No. 15988 of 2019 and allegation against the petitioners and others is of committing gang rape on the informant.
Submission of learned counsel for the petitioner is that he has been in judicial custody since 08.09.2017 and other accused persons have been enlarged on bail vide order dated 30.01.2019 passed in Cr. Misc. No. 69131/2018 and vide order dated 21.02.2018 passed in Cr. Misc. No. 61282 of 2017 as well as vide order dated 30.09.2019 passed in Cr. Misc. No. 41461 of 2019.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts,
Patna High Court CR. MISC. No.68214 of 2019(3) dt.18-12-2019 2/2
let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO), Act, Darbhanga, in connection with Darbhanga Town P.S. Case No. 69 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether the petitioner accused of gang rape should be granted bail after the delay in disposing of his bail application.
Akash Mahto @ Vivek Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
