Mukesh Roy v. The State Of Bihar
Patna High Court Cr.Misc. No.9280 of 2016 (3) dt.09-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9280 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -CHAKAI District- JAMUI ======================================================
1. Mukesh Roy Son of Sukhu Roy, Resident of Village - Nodiya, P.S. - Chakai, District - Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Chakai P.S. Case No. 91 of 2015 registered for the offences punishable under Sections 376 and 506/34 of the Indian Penal Code. Allegedly, the petitioner being the driver of tempo alongwith co-accused Guddu Das committed rape with the informant one after another on 18.07.2015 in the night. Submission is of false implication and that the First Information Report has been lodged on 23.07.2015 after five days of the occurrence, the informant was examined by the Medical Board but no sign of rape was found and she was found pregnant of six months, witnesses Hemanti Devi and Tukni Devi in whose house the informant took shelter has not stated anything, there is no legal and tangible material against the petitioner and after due deliberation this case has been lodged to grab Rs. 10,000/- of
Patna High Court Cr.Misc. No.9280 of 2016 (3) dt.09-05-2016 Guddu Das from whom the informant has taken the amount and the petitioner being friend of Guddu Das has also been implicated. The learned A.P.P. seriously opposes the prayer of bail by submitting that the petitioner is named in the First Information Report.
In the facts and circumstances stated above, considering the statement of witnesses Hemanti Devi and Tukni Devi vide para 16 and 17 of the case diary and further delay in lodging the First Information Report, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Chakai P.S. Case No. 91 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) sushma/- U T