Abhishek Kumar @ Dhiraj Kumar @ Putli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29307 of 2015 Arising out of PS.Case No. -18 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Abhishek Kumar @ Dhiraj Kumar @ Putli, S/o Chhotelal Yadav, resident of Village Jangharo, P.S. Ben, District Nalanda, at present residing at Bari Milki Bus Stand, Rajgir, District Nalanda.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2015 The petitioner is languishing in custody since 07.02.2015 in connection with Mahila (Nalanda) P.S. Case No. 18 of 2015 for the offences instituted under Sections 376(G), 506 of the I.P.C. and 4/6 of the POCSO Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on 05.02.2015 while the informant was returning from her School, namely, R.D.H. School, Rajgir, the petitioner Abhishek Kumar @ Dhiraj Kumar @ Putili and co-accused Chhotu Kumar alongwith accused Preman Yadav had taken her to Rajgir Hills and they committed rape upon her and thereafter, six more unknown persons also
Patna High Court Cr.Misc. No.29307 of 2015 (2) dt.05-08-2015 2/2 arrived there and they also committed rape upon her one after another.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and he is in custody since 07.02.2015 and the charge sheet has been submitted in the present case. The medical report of the victim do not support the allegation made in the F.I.R. It is further submitted that the petitioner may be released on bail after completion of nine months in custody from 07.02.2015.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of nine months in custody from 07.02.2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Biharshariff, in connection with Mahila (Nalanda) P.S. Case No. 18 of 2015. U.K./- (Sudhir Singh, J) U T