Patna High CourtCR. MISC./41279/2015bail granted

Budhan Kumar v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41279 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Budhan Kumar, son of Bodar Singh, Resident of village- Chamtha, Bandhpar, P.S. Bachhawara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 452, 342, 376 and 506 of the Indian Penal Code.

It is alleged by the informant Munni Devi that while she was sleeping in her house on 08.05.2015, petitioner entered into her house and committed rape after pressing her mouth by his hand and fled away.

It has been submitted on behalf of the petitioner that petitioner is in custody since 09.05.2015. Charge-sheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence

Patna High Court Cr.Misc. No.41279 of 2015 (3) dt.14-10-2015 against the petitioner. Petitioner has falsely been implicated in the present case. Same is apparent from perusal of medical report annexure-2 where the doctor has found no sign of rape after examination of the victim lady.

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 of the case, the petitioner above named is directed to be enlarged 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 Deo Priya Kumar, Judicial Magistrate, 1st Class, Begusarai in connection with Bachhwara P.S. Case No. 90 of 2015.

(Sudhir Singh, J) Amin/- U