Pintu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9264 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Pintu Kumar Singh, Son of Chhote Lal Singh, Resident of VillageNaktauli, Police Station- Dawath, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Dwivedi For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 376, 379 and 506 of the Indian Penal Code.

Petitioner along with co-accused Manish Kumar Singh is alleged to have committed rape on the informant as well as on the point of pistol snatched her ornaments and committed assault. It is further stated that when informant was fleeing and crying people nearby saw her. Thereafter, she went to her house and made complaint to her father-in-law. When her father-in-law went to make complaint about the occurrence then he was threatened by the petitioner.

Patna High Court Cr.Misc. No.9264 of 2017 (3) dt.28-03-2017 Submission of the petitioner is that the occurrence allegedly took place on 30.04.2016 and FIR was lodged on 16.5.2016. No one has supported the prosecution case before the police, which would be evident from the case diary. He further submits that false implication is there due to village politics. Learned counsel for the State submits that except statement of the victim under Section 164 Cr.P.C. there is no other material against the petitioner.

Considering the aforesaid facts, let petitioner, above named, 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 learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas/Successor Court, in connection with Dawath P.S. Case No.43 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. Arvind/- (Birendra Kumar, J) U T