Patna High CourtCR. MISC./37522/2018bail granted

Ramu Singh v. The State Of Bihar

2018-07-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37522 of 2018 Arising Out of PS.Case No. -594 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Ramu Singh S/o Late Dinesh Singh R/o Village - Rauta Khem, P.S Sour Bazar, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s: Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code.

Submission is that FIR would reveal that the petitioner and other co-accused allegedly committed rape against the informant on 06.11.2017. However, falsity of allegation would be evident from the fact that the FIR was lodged on 16.12.2017, the informant got immediate treatment of her alleged fracture of shoulder, however, she did not make any complaint regarding rape to the Doctor or to any other for such a long time nor it is believable that the Doctor of government hospital simply advised to informant to get treatment before a private Doctor without

Patna High Court Cr.Misc. No.37522 of 2018 (2) dt.05-07-2018 2/2 informing to the police etc. regarding commission of cognizable offence against her. The allegation is not supported by any other believable evidence. Petitioner is in custody since 24.04.2018. Let the petitioner, above named, be released on bail on completion of investigation of the case on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sour Bazar Police Station Case No. 594 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T