Deepak Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30320 of 2015 Arising Out of PS.Case No. -293 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Deepak Kumar
2. Rabi Kumar, Both S/o Shri Om Prakash Sharma @ Lallan Thakur Resident of Village Durga Pur, Police Station Sasaram Mufassil, District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Braj Kishore Singh Chouhan For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-10-2015 Supplementary affidavit is filed on behalf of the petitioners.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. No doubt, the statement of victim recorded under Section 164 of the Cr.P.C. shows that she was kidnapped by the petitioners and co-accused, Anil Kumar and thereafter, she was confined in a room where she was gang raped by them but she accepted in the aforesaid statement that it was petitioner no. 1, who dropped her at matrimonial home after the aforesaid occurrence.
Patna High Court Cr.Misc. No.30320 of 2015 (4) dt.29-10-2015 2/2 Learned counsel for the petitioner submits that coaccused Anil Kumar, having more or less similar allegation, has already been granted privilege of bail by a co-ordinate Bench of this Court though the aforesaid Bench observed in the order that co-accused, Anil Kumar shall be released on bail after completion of nine months in jail custody.
Petitioners are in jail custody since 21.05.2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 293 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T