Karu Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.23811 of 2016 (4) dt.08-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23811 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -GAURICHAK District- PATNA ====================================================== Karu Kumar Son of Arun Singh resident of Village- Jaibar, Police StationGaurichak, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Anup Kumar Sinha, Advocate For the Opposite Party : Mr. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Gaurichak P.S.Case No.137 of 2015 registered for an offence under Sections 341, 323 and 376 of the IPC and Section 3(i)(x) of the SC/ST Act.
The per the prosecution case, it is alleged by the informant that on 21.07.2015, the victim Shyam Sundar Devi aged about 75 years was breaking the Sirhauti a type of sag from the field of one villager-Ramdeo Singh which was situated towards the northern side of the village Jaibar. In the meantime, the petitioner was searching for his cow and came near her and asked her grad-mother (Mama) have you seen my cow and she replied
Patna High Court Cr.Misc. No.23811 of 2016 (4) dt.08-08-2016 no and after that the petitioner assaulted the victim and committed rape on her and as a result she became unconscious. Learned counsel for the petitioner submits that the petitioner is in custody since 25.07.2015. There is no allegation of tampering of witnesses against the petitioner. Chargesheet has been submitted in the case. Petitioner has falsely been implicated in the present case. The allegation made in the FIR is denied by the accused. The medical examination do not support the allegations made in the FIR.
On behalf of the State and counsel for the Informant, it is submitted that the petitioner is named in the FIR. Considering the aforesaid facts and circumstances, let the above named petitioner 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 Additional Sessions and District Judge-V-cum, Special Judge, SC & ST Act, Patna, in Special Case No.106 of 2015 arising out of Gaurichak P.S.Case No.137 of 2015.
(Sudhir Singh, J) B.Kr./- U T