Sanjeev Kumar @ Dulla Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38799 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -BANMANKHI District- PURNIA ====================================================== Sanjeev Kumar @ Dulla Hansda Son of Sri Jawahar Hansda, R/o VillageRasarh, Harmurhi, Lodhiya Tola, P.S.- Banmankhi, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Banmankhi P.S. Case No. 100 of 2016 for offences punishable under Sections 376, 307, 506 and 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner forcefully committed rape on the pretext of marriage and had married with another girl. It is also alleged that the petitioner threatened to kill her by pressing her neck. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38799 of 2017 (4) dt.03-10-2017 2/3 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that the victim lady is a major as also assessed by the Magistrate under Section 164 Cr.P.C. and the allegation of rape is false and that he is languishing in judicial custody since 30.05.2017. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that the occurrence took place two years ago and the prosecution story is not probable and that there is contradiction in the F.I.R. lodged by the victim lady and her statement under Section 164 Cr. P.C.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIth, Purnea in connection with Banmankhi P.S. Case No. 100 of 2016, subject to the

Patna High Court Cr.Misc. No.38799 of 2017 (4) dt.03-10-2017 3/3 condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T