Patna High CourtCR. MISC./16676/2024bail granted

Pyare Lal Sah v. The State Of Bihar

2024-05-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16676 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- BHELDI District- Saran ====================================================== 1.

Pyare Lal Sah S/o Tarkeshwar Sah R/o Vill - Chainpur, P.S. - Bheldi, Dist. - Saran at Chapra 2.

Nitesh Kumar S/o Ram Ratan Singh R/o Vill - Chainpur, P.S. - Bheldi, Dist. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in a case registered for the offence under Sections 376D of the Indian Penal Code.

3. As per the prosecution case, five persons are said to have committed rape upon the victim.

4. Learned counsel for the petitioners submits that in the medical report, no external injury has been found on the body of the victim which will point out that she was taken and rape was committed with her and the medical report also does not support the allegation of rape. He further submits that

Patna High Court CR. MISC. No.16676 of 2024(3) dt.08-05-2024 2/2 petitioner has falsely been implicated in this case and they are in custody since 01.06.2023 and 03.06.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Saran at Chapra/concerned Court below in connection with Bheldi P.S. Case No. 160 of 2023 subject to condition that:- 7(i) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T