Patna High CourtCR. MISC./32082/2016bail granted

Avinash Kumar Roy v. The State Of Bihar

2016-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32082 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Avinash Kumar Roy son of Kamal Kishore Roy resident of VillageBaliharpur, P.O. Chauki Haripur Police Station- Kadhwa, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 376 of the Indian Penal Code.

The allegation against the petitioner is of committing rape upon the informant, after entering into her room in the night. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. In para-33 and 34 of the case diary, it has been stated that there was a love affair between the

Patna High Court Cr.Misc. No.32082 of 2016 (3) dt.27-09-2016 2/2 petitioner and the victim but since the petitioner belonged to different caste, same was not liked by the parents of the victim. Hence, the present case has been instituted. It is further submitted that the petitioner may be released after completion of six months in custody i.e. from 24.04.2016.

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 petitioner above named, be released on bail, after completion of six months in custody i.e. from 24.04.2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Kishanganj, in connection with Kishanganj Mahila P.S. Case No. 13 of 2016.

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