Patna High CourtCR. MISC./15100/2016bail granted

Dablu Das v. The State Of Bihar

2016-05-26Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15100 of 2016 Arising Out of PS.Case No. -747 Year- 2015 Thana -BANKA District- BANKA ====================================================== Dablu Das, S/o Sannu Das, Resident of Village- Sanhaula, Police StationBanka, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Mukherjee For the Opposite Party : Mr. Mukesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in relation to Banka P.S. Case No. 747 of 2015 registered under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner states that the prosecutrix alleges that on 19.12.15, in the morning, at 8 o' clock she was raped by the petitioner and her husband and another had seen the occurrence. She did not record this to the police but on the next day a written complaint was filed before the Chief Judicial Magistrate, who forwarded it under section 156 (3) of the Code of Criminal Procedure pursuant to that after almost a year the case was registered by the police.

Patna High Court Cr.Misc. No.15100 of 2016 (3) dt.26-05-2016 2/2 From the order of the learned Sessions Judge, rejecting the anticipatory bail application of the petitioner, it is clear that in course of investigation, in further statement, the informant, her husband and other witness have given a totally goby story of rape and have supported the version of outraging the modesty of the victim.

Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the Above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 747 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajiv/Amit U T