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Patna High CourtCR. MISC./2681/2016bail granted

Pankaj Jha @ Pankaj Kumar Jha v. The State Of Bihar

2016-01-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2681 of 2016 Arising Out of PS.Case No. -74 Year- 2006 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Pankaj Jha @ Pankaj Kumar Jha Son of Basuki Jha Resident of VillageBirpurLoharipatti, Eastern Tola, P.S.-Basopatti, District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anju Jha For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The occurrence is alleged to have taken place in the year 2006 and petitioner could be remanded in this case on 19.06.2015. There is accusation against the petitioner that he committed rape on informant but when the informant was examined in course of trial as prosecution witness No.2, she stated that the petitioner had only untied rope of her Salwar and she has nowhere stated about rape.

The contention on behalf of the petitioner is that in view of above statement of the informant there is hardly any chance of conviction of the petitioner.

Considering the facts aforesaid and submission of the

Patna High Court Cr.Misc. No.2681 of 2016 (2) dt.29-01-2016 2/2 parties, let the petitioner, above named, 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 Sessions Judge- VII, Madhubani in connection with S.T. No. 294/2015 (G. R. No. 1125/2006) arising out of Basopatti P.S. case No.74/2006.

(Hemant Kumar Srivastava, J) BKS/- U T