Saurabh Prakash @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30910 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== Saurabh Prakash @ Golu, son of Sheo Kumar, resident of Village Rampur, P.S Pandaul, District Madhubani. At present resident of Ram Chowk, Madhubani, Town Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Madhubani Town P.S. Case No. 62 of 2016 for the offences instituted under Sections 328, 307, 363 and 376-D/34 of the Indian Penal Code.

The allegation against the accused persons is of committing rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.02.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. His name

Patna High Court Cr.Misc. No.30910 of 2016 (3) dt.15-09-2016 2/2 has come in course of investigation. The main allegation is against Anil Kumar. The petitioner is said to be one of the associates of the said Anil Kumar. No overt act has been alleged against the petitioner.

On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Madhubani, in connection with Madhubani Town P.S. Case No. 62 of 2016.

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