Patna High CourtCR. MISC./25412/2015bail granted

Sitab v. The State Of Bihar

2015-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25412 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Sitab s/o Abid r/o village- Giyagachhi, P.S. - Baisi , Distt.- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 The petitioner is in custody since 26.8.2014 in Baisi Case No.33/14 for the offence under Section 376 I.P.C. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that on 18.2.2014 petitioner came to the house of the informant and demanded wages from her. She replied that her husband was not present in the house, he will pay after coming. In the meantime finding her alone forcibly took her to gohal and committed rape. On protest the petitioner pushed cloth in her mouth. When her neighbours raised alarm the petitioner fled away.

On behalf of the petitioner it has been submitted that he is in custody since 26.8.2014 and charge sheet has been submitted in this case. The petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.25412 of 2015 (2) dt.23-07-2015 2/2 From perusal of Annexure-2 it appears that the victim in her deposition has denied the allegation in respect of commission of rape.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Taking into account the statement made by the victim in her deposition, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Purnia, in S.T. No.1139/15 arising out of Baisi P.S. Case No.30/14.

(Sudhir Singh, J) AnilKrSinha/- U T