Vinod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3801 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== Vinod Das aged about 32 years, Male, Son of Kokai Das Resident of VillageBarhara Ravidas Tola, Police Station- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioner apprehends his arrest in Birpur P.S. Case No.117 of 2018 registered under Sections 376 and 34 of the Indian Penal Code.

The mother of the victim alleged that her minor daughter had gone to the tubewell for water but she did not return. Sujeet Kumar dragged her in a field and committed rape with her. She further alleged that when she and her daughter were going to lodge the case, petitioner and others who are friends of Sujeet Kumar prevented her to lodge the case. The learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. She did not make any allegation against the petitioner. She simply disclosed that the petitioner and others were not allowing the

Patna High Court Cr.Misc. No.3801 of 2019(2) dt.25-01-2019 2/2 victim and her mother to come out from the house to lodge the case. It is further submitted that petitioner has got no manner of concern with the occurrence but he has falsely been implicated in the case.

Considering the aforesaid facts and nature of allegation made against the petitioner and the fact that petitioner is of course villager of the victim but there is no allegation of outraging the modesty of the victim against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Begusarai in connection with Birpur P.S. Case No.117 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T