Chintu @ Chandan Srivastava And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2014 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Chintu @ Chandan Srivastava

2. Dipu Srivastava

3. Ravi Srivastava All sons of Shankar Srivastava @ Maha Shankar Pd. Sirvastava of Village - Hakimganj (Kuli R.S.), P.S. and District - Lakhisarai. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 03-07-2015 Prayer for withdrawal of anticipatory bail petition of petitioner no.1 is allowed as he has already been arrested and later on released on regular bail.

Heard the parties in respect of petitioners no.2 and 3 who apprehend their arrest in a case under sections 341,323,352,380,342 and 376 IPC on the allegation that all the three petitioners abducted and committed rape on the victim, who managed to escape somehow after six months. The petitioners submit that the woman had eloped with petitioner no.1 on her own sweet will, which is also apparent from the Sanaha dated 16.11.2012 filed by her husband Bhushan Sharma. Furthermore, it is improbable that all the petitioners who happen to be brothers, would commit rape together.

In the facts and circumstances of the case, in the event

Patna High Court Cr.Misc. No.2014 of 2015 (6) dt.03-07-2015 2/2 of surrender, let petitioners no.2 and 3, namely, Dipu Srivastava and Ravi Srivastava, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Lakhisarai Police station Case No. 36 of 2014. (Samarendra Pratap Singh, J) Shashi.

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