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Patna High CourtCR. MISC./14770/2016bail granted

Ghutuk Ram v. State Of Bihar And ANR

2016-04-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14770 of 2016 Arising Out of PS.Case No. -2158 Year- 2011 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Ghutuk Ram Son of Harihar Ram, Resident of village- Kalyanpur, P.S.- Aurai, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranju Devi Wife of Lagan Ram, Resident of village- Kalyanpur, P.S.- Aurai, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in complaint case in which cognizance for the offence punishable under Section 376/34 of the Indian Penal Code has been taken.

The complainant claims that in the night of 7.9.2011, petitioner and three others committed gang rape on her, but submission on behalf of the petitioner is that the petitioner is nephew of complainant and as a matter of fact, one Sahniya Devi, who happens to be Gotani of complainant, was killed for which father of aforesaid Sahniya Devi lodged Aurai P.S. Case No.62 of

Patna High Court Cr.Misc. No.14770 of 2016 (2) dt.08-04-2016 2/2 2006 against the present complainant as well as her family members and in the aforesaid case, petitioner was a witness and that is the reason of filing of this false case. Considering the aforesaid facts and circumstances as well as submissions of the 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 Sri Subhash Kumar Roy, Judicial Magistrate 1st Class, Muzaffarpur in connection with Complaint Case No.2158 of 2011.

(Hemant Kumar Srivastava, J) N.H./- U T