Patna High CourtCR. MISC./58923/2017bail granted

Summan Kumar v. The State Of Bihar

2017-12-14Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58923 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Summan Kumar, Son of Sri Uma Shankar Singh, Resident of VillageBhagwanpur Kamala, P.S.- Ujiyarpur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Amit Kumar, Advocate Mr. Ritwaj Raman, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 09.08.2017 in connection with Ujiyarpur P.S. Case No.138 of 2017 registered for the offence under Section 376/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and fabricated and has been motivated due to local politics. He further submits that though the occurrence is of 4.8.2017, the F.I.R. in this case has been lodged on 11.08.2017. It is submitted that the delay has not been adequately explained though a statement has been made that a Panchayati was held. Learned counsel for the

Patna High Court Cr.Misc. No.58923 of 2017 (2) dt.14-12-2017 2/2 petitioner further submits that the medical report does not indicate any sign of rape. Therefore, the entire allegation is found to be false.

Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dalsingsarai, in connection with Ujiyarpur P.S. Case No.138 of 2017. (Anjana Mishra, J) PNM U T