Nandlal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3345 of 2019 Arising Out of PS. Case No.-21 Year-2016 Thana- MAHILA PS District- Gaya ====================================================== Nandlal Chaudhary late Raghu Chaudhary Resident of Village- Kurkihar, P.S. Wazirganj, Distt. Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mahila P.S. Case No. 21 of 2016 registered for the offence punishable under Section 376 of the Indian Penal Code.

Informant has alleged that she alongwith other two ladies had gone to clinic of Dr. Shiv Kumar Rajbanshi for treatment where Dr. Shiv Kumar Rajbanshi gave two injections to the informant and thereafter committed rape upon her. She has further alleged that Dr. Shiv Kumar Rajbanshi also threatened her to remain mum.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.3345 of 2019(3) dt.27-02-2019 2/3 petitioner is not named in the FIR and he was arrested on the basis of his self statement before the police. It has been further submitted that statement of informant under Section 164 of Cr.P.C. has been recorded in which she has not taken the name of petitioner. Petitioner has no criminal antecedent and he is in custody since 30.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gaya, in connection with Mahila P.S. Case No. 21 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.3345 of 2019(3) dt.27-02-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T