Abhinandan Kumar Ram @ Abhinandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23040 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -BHIMPUR District- SUPAUL ======================================================

1. Abhinandan Kumar Ram @ Abhinandan Ram Son of Shri Balram Ram resident of village + P.S. Bhimpur, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-05-2016 Heard learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of regular bail arises out of Bhimpur P.S. Case No. 07 of 2016, disclosing offences under Sections 376, 511, and 34 of the Indian Penal Code. It is alleged that the informant and her daughter were sleeping in separate room and when her daughter cried the informant came out from her room and saw that the petitioner was making an attempt to commit rape on her. It is also alleged that alongwith the petitioner three other persons were also standing. Learned counsel appearing on behalf of the petitioner has submitted that prior to lodging of the present First Information

Patna High Court Cr.Misc. No.23040 of 2016 (2) dt.25-05-2016 2/2 Report, the same informant had lodged Bhimpur, P.S. Case No. 42 of 2015 making allegation of kidnapping of her daughter for the purpose of marriage. In the said case the petitioner and all his family members were implicated. He has submitted that lodging of the present F.I.R., is an abuse of the process of court. Considering the submission and background of the case, this application is allowed.

Let the petitioner, above-named, 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 Sri Sunil Kumar, Judicial Magistrate, Supaul, in Bhimpur P.S. Case No. 07 of 2016/G.R. No. 273 of 2016.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutives occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) siddharth/- U T