Patna High CourtCR. MISC./33691/2016bail granted

Randhir Kumar Singh @ Andheer Kumar Singh v. The State Of Bihar

2016-10-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33691 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Randhir Kumar Singh @ Andheer Kumar Singh Son of Ram Jivan Singh, Resident of Village Saroja Bela, P.S. Marauna, District Supaul .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Prasad Singh, Sr. Adv. with Mr. Manoj Kumar Jha, Adv.

For the Opposite Party : Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2016 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.11.2015 in connection with Ghoghardiha P.S. Case No. 121 of 2015 G.R. No. 59 of 2015 registered for offence under Sections 376/34 of the Indian Penal Code and 6 of the Protection of Children from Sexual Offences Act.

The prosecution story, in brief, is that the petitioner along with others is said to have committed rape upon the victim and threatened her with dire consequence if she disclosed the matter to others.

Learned counsel for the petitioner submits that the petitioner is in custody since 30.11.2015. Charge sheet has been submitted in the case. There is no criminal antecedent against the petitioner and there is no allegation of tampering of the witness alleged against the petitioner. In paragraph 27 of the case diary it has been stated that the victim (Rubi Kumari) along with her cousin (Rinku Kumari) had eloped with the petitioner and the other co-accused, Pravin Kumar Singh. From Annexures 3 and 4

Patna High Court Cr.Misc. No.33691 of 2016 (3) dt.18-10-2016 of the petition, it is evident that they have got married. It is a case of love affairs, admittedly, which was not liked by the parents, hence, the present prosecution was instituted. On behalf of the State it has been submitted that the petitioner is named in the First Information Report. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ghoghardiha P.S. Case No. 121 of 2015 G.R. No. 59 of 2015 to the satisfaction of the Additional Sessions Judge, I, Madhubani.

(Sudhir Singh, J) SA/- U √ T √