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Patna High CourtCR. MISC./30874/2016bail granted

Raushan Kumar And ANR v. The State Of Bihar

2016-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30874 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Raushan Kumar, S/o Umesh Singh.

2. Rajnish Kumar Singh, S/o Ranjeet Singh, Both resident of Village - Mukundpur, P.S Jandaha, District Vaishali.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dr. Rajesh Kumar Singh For the Opposite Party : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody in connection with Jandaha P.S. Case No. 12 of 2015, G.R. No. 41 of 2015 for the offences instituted under Sections 147, 148, 341, 323, 504, 376, 511 and 447 of the Indian Penal Code. The allegation against the petitioners is of attempting to commit rape upon the informant, while she was going to meet her friend.

It has been submitted on behalf of the petitioners that the petitioner is in custody since 07.06.2016. The charge sheet has been submitted for the offence under Section 354 of the Indian Penal Code in the present case. The petitioners have got no

Patna High Court Cr.Misc. No.30874 of 2016 (3) dt.14-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. From perusal of the case diary, it is evident that the brother of the petitioners was running a kirana shop and victim use to take house hold groceries from the said shop. There was certain dispute in respect of payment to be made by the victim, which lead to the institution of the present case.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 12 of 2015, corresponding to G.R. No. 41 of 2015.

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