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Patna High CourtCR. MISC./6651/2016bail granted

Ganga Ram Bind @ Ganga Bind And ORS v. The State Of Bihar

2016-03-28Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6651 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -MAHILA PS District- KHAGARIA ======================================================

1. GANGA RAM BIND @ GANGA BIND S/o Ishwar Bind,

2. Chandradeo Bind @ Chandra Deo Kumar Bind,

3. Jitendra Bind @ Jitendra both sons of Ganga Ram Bind @ Ganga Ram Bind, All resident of village -Bahorwa, P.S. - Alauli, District - Khagaria. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Satyavarta Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Khagaria Mahila P.S. Case No. 53 of 2015 for the offences under Section 376(G) of the Indian Penal Code. It is alleged by the informant Kunti Devi that the petitioner No. 1 Ganga Ram Bind subjected her to sexual harassment for the last three years and on protest he used to threaten the informant to do away with the lives of the informant and her children. Further, the petitioner no. 1 took the informant to Khagaria Court on 4.8.2015 and married with her on affidavit and taken her to Saharsa district, kept her at the place of his

Patna High Court Cr.Misc. No.6651 of 2016 (3) dt.28-03-2016 2/3 friend and used to sexually harass her. It is further alleged that the petitioner no. 1 told her that he would transfer his four Bighas land in her favour and on the aforesaid pretext took her to village Agar. It is further alleged that on 26.9.2015 the petitioner No. 2 Chandradeo Bind and the petitioner no. 3 Jitendra Bind tried to establish physical relation with the informant. The informant made protest and anyhow saved herself and came to the house of her husband.

It is submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. From perusal of para-34 of the case diary it is evident that the doctor has found no sign of rape upon the victim. The petitioners also deny any physical relationship with the informant. The petitioner No. 1 is an old man aged about 60 years. On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Khagaria Mahila P.S. Case No. 53 of 2015 on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.6651 of 2016 (3) dt.28-03-2016 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) S.Pandey/- U T