Sandeep Kumar @ Happy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12941 of 2018 Arising Out of PS.Case No. -588 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sandeep Kumar @ Happy, S/o Amarnath Sah @ Amar Sah, Resident of Village- Ahmad Nagar Ghorasahan Ward No. 9, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 457/376 of the Indian Penal Code.

Though the informant alleged commission of rape by the petitioner, in the FIR. However, in her statement under Section 164 Cr.P.C. she denied that the petitioner had committed rape against her.

Considering the aforesaid conflicting statement of the informant, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with

Patna High Court Cr.Misc. No.12941 of 2018 (2) dt.07-03-2018 P2/ two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ghorasahan P.S. Case No.588 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T