Babujan Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.41266 of 2015 (3) dt.02-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41266 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -DURAULI District- SIWAN ====================================================== Babujan Sah S/o Late Hassan Shah, resident of village Karnpura, P.S. Darauli, District Siwan.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bipin Bihari Singh For the Opposite Party : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 15.07.2015 in a case instituted under Sections 366 (A)/34 and 376 of the Indian Penal Code.
As per prosecution case, it is a case of abduction of informant's girl, namely, Rukshar Khatoon who is aged about 14 years for the purpose of marriage and thereafter committed rape upon her by the co-accused Afroz Alam.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.07.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. From perusal of the statement recorded under Section
Patna High Court Cr.Misc. No.41266 of 2015 (3) dt.02-11-2015 164 Cr.P.C, it is evident that the main allegation is against Afroz Alam. No specific allegation has been attributed against the petitioner.
On behalf of the State, it has been submitted that the petitioner is not 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 learned ADJ-I, Siwan, in connection with Darauli P.S.Case No.41 of 2015. (Sudhir Singh, J) B.Kr./- U T