Kallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29798 of 2015 Arising out of PS.Case No. -50 Year- 2013 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Kallu Kumar, S/o Upendra Choudhary, R/o village - Balirampur, P.S. Karghar, District - Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Sinha, Advocate. For the Opposite Party : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is apprehending his arrest in connection with Nokha P.S. Case No. 50 of 2013 for the offences instituted under Sections 376, 307, 120(B), 506,509, 341 and 323 of the IPC. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant went to enjoy CHAITA Programme and when she was returning, all the accused persons surrounded her and taken her in a damaged house and committed rape upon her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further attention of this Court has been drown to annexure-4 to the application which indicates that the informant in her deposition has denied the entire

Patna High Court Cr.Misc. No.29798 of 2015 (2) dt.29-07-2015 2/2 allegation in course of trial.

On behalf of the State it has been admitted that the informant has retracted from her earlier statement. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Nokha P.S. Case No. 50 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T