Anil Singh @ Anil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5384 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== 1.

ANIL SINGH @ ANIL S/o Ram Naresh Singh Resident of Village- Padaull Sah Tola, P.S.- Lakari Nabiganj, P.O.- Basantpur, District- Siwan. 2.

Radha Devi @ Radha Singh W/o Anil Singh @ Anil Resident of VillagePadaull Sah Tola, P.S.- Lakari Nabiganj, P.O.- Basantpur, District- Siwan. 3.

Jaiki Singh @ Ankit Kumar Singh S/o Anil Singh @ Anil Resident of Village- Padaull Sah Tola, P.S.- Lakari Nabiganj, P.O.- Basantpur, DistrictSiwan. 4.

Kajal Kumari @ Anita Singh W/o Jaiki Singh Resident of Village- Padaull Sah Tola, P.S.- Lakari Nabiganj, P.O.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Srivastva, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

After some argument, learned counsel for the petitioners seeks permission of the Court to withdraw the present application in respect of petitioner no. 1. Permission is accorded.

The application is dismissed as withdrawn in respect

Patna High Court CR. MISC. No.5384 of 2022(2) dt.16-05-2022 2/3 of petitioner no. 1.

The petitioner nos. 2 to 4 are apprehending their arrest in a case registered under Sections 406, 420, 376, 384/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the petitioner no. 1 committed rape on the informant and petitioner nos. 2 to 5 had called the informant at home and gave intoxicant.

It has been submitted on behalf of the petitioner nos. 2 to 4 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner nos. 2 to 4. The petitioner nos. 2 to 4 have falsely been implicated in the present case for oblique reasons. There is no physical or sexual assault alleged against the petitioner nos. 2 to 4. The petitioner nos. 2 and 4 are ladies and petitioner no. 3 is son of petitioner no. 1.

On behalf of the State, it is submitted that the petitioner nos. 2 to 4 is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner nos. 2 to 4, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.5384 of 2022(2) dt.16-05-2022 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Mahila P.S. Case No. 24 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T