Patna High CourtCR. MISC./32560/2015bail granted

Guddu Kumar And ANR v. The State Of Bihar

2015-08-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32560 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Guddu Kumar S/o Sheshnath Sah

2. Sheshnath Sah S/o Late Mangaru Sah Both are Resident of Village Nakchhed Bahuarwa, P.S. Purushotampur, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 376, 506, 34 of the Indian Penal Code. The prosecution case is that petitioner No. 1 entered into the house of the informant and on point of knife committed rape. On alarm being raised petitioner No. 1 was caught but in the meantime petitioner No. 2 came and got the petitioner No. 1 released.

It is submitted by learned counsel for the petitioners that in 164 Cr.P.C statement the informant has retracted from the initial accusation of any offence being committed by petitioner No. 1. During medical examination the

Patna High Court Cr.Misc. No.32560 of 2015 (2) dt.10-08-2015 2/2 informant has been found aged between 17-19 years and no sign of recent sexual activities has been found. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Purshottampur P.S. Case No. 13 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T