Patna High CourtCR. MISC./51236/2015bail granted

Pappu Kumar Harijan v. The State Of Bihar

2016-01-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51236 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -MAHILA P.S. District- PURNIA ======================================================

1. Pappu Kumar Harijan son of Anup Lal Harijan Resident of villageChapraily, P.S.- Amour, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Jitendra Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 376, 313, 323, 324/34 and 120(B) of the Indian Penal Code.

This case is arising out of the complaint case which was later converted into police case under Section 156(3) of the Code of Criminal Procedure.

Allegation has been made that petitioner has entered into the house and taking advantage of loneliness committed rape upon her. Later on he repeatedly committed rape on the enticement of marriage which led to lodging of the complaint case.

Patna High Court Cr.Misc. No.51236 of 2015 (2) dt.30-01-2016 Learned counsel for the petitioner submits that petitioner has never committed any rape on the lady and he has requested the court below to get DNA test done which will verify the correctness of the lady.

It appears that this case has been lodged after long lapse of time and petitioner is ready for DNA test. Having considered the facts and circumstances of the case, let petitioner, Pappu Kumar Harijan, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Mahila P.S. Case No. 11 of 2015.

(Shivaji Pandey, J) Vinay/- U T