Patna High CourtCR. MISC./36261/2016bail granted

Sunil Kumar v. The State Of Bihar

2016-10-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36261 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Sunil Kumar son of Shivnath Sah, resident of village - Sherpur, P.S. - Sadar, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 376/511 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence while the informant was changing clothes after taking bath in her house, suddenly her neighbour Sunil Kumar entered in her house and attempted to commit rape on her. When she protested, she was also assaulted by him with fist and slap.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.04.2015 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.36261 of 2016 (3) dt.25-10-2016 2/2 witnesses alleged against the petitioner. The petitioner has remained in custody for more than one and half years. The petitioner has falsely been implicated in the present case. Due to previous enmity between the parties the present prosecution has been brought against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Sessions Judge, Muzaffarpur in connection with Sessions Trial No.525 of 2015 arising out of Muzaffarpur Sadar P.S. case No.202 of 2015.

(Sudhir Singh, J) Narendra/- U T