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Patna High CourtCR. MISC./31097/2018bail granted

Guddu Kumar Sah v. The State Of Bihar

2018-07-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31097 of 2018 Arising Out of PS. Case No.-739 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Guddu Kumar Sah, son of Raj Kumar Sah, Resident of Village- Daulatpur, P.S.- Rivilganj, District- Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Hajipur Town P.S.Case No. 739 of 2017 registered under Sections 366A and 376D/34 of the Indian penal Code and 4 of the POSCO Act.

Allegation in brief is that prosecutrix boarded a tempo from Hajipur Tempo Stand for coming to Patna but on the way driver diverted the route and driver and owner of the tempo, named in the FIR, after committing rape left her to tempo stand thereafter lodged the case thereafter accused persons were apprehended.

Submission is that prosecutrix has not named the petitioner in her statement recorded under Section 164 Cr.P.C. even the medical report does not indicate any sign of rape and

Patna High Court Cr.Misc. No.31097 of 2018(3) dt.19-07-2018 2/2 another accused Dharmendra Kumar was granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 18752 of 2018. Having considered the aforesaid facts and circumstances, the petitioner, namely , Guddu Kumar Sah, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 739 of 2017.

(Arun Kumar, J) sujit/- U T