Patna High CourtCR. MISC./68903/2018bail granted

Shambhu Ram v. State Of Bihar And ANR

2018-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68903 of 2018 Arising Out of PS. Case No.-2158 Year-2011 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Shambhu Ram, S/o Kishori Ram, Resident of Village- Kalyanpur, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ranju Devi, W/o Lagan Ram, Resident of Village- Kalyanpur, P.S.- Aurai, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Complaint Case No. 2158 of 2011 registered for the offences punishable under Section 376 of the Indian Penal Code.

Complainant has filed the complaint case under Section 376 of the Indian Penal Code alleging committing rape against four named accused in the complaint petition. In her S.A. on 19.11.2018 she has made general allegation against all the four accused of entering in her house and committing rape one after another. She has also stated that her

Patna High Court Cr.Misc. No.68903 of 2018(2) dt.04-12-2018 2/2 husband remains outside to earn his livelihood and other family members also stay in the same house.

It has been submitted on behalf of the petitioner that he has been falsely implicated in this case as there is dispute between the parties and three of the accused are witnessess in one of the case instituted against his husband and others. She has not been medically examined. Petitioner has no criminal antecedent and he is in custody since 11.09.2018. It has been further stated that similarly placed co-accused has been granted bail by co-ordinate Bench of the Court as contained in Annexure-2.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XII-cum- A.C.J.M., Muzaffarpur in connection with Complaint Case No. 2158 of 2011.

(S. Kumar, J) Rajiv/ManojU T