Patna High CourtCR. MISC./43674/2016allowed

Amrendra Kumar Singh v. The State Of Bihar

2016-10-05Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43674 of 2016 Arising Out of PS.Case No. -407 Year- 2015 Thana -PIRO District- BHOJPUR ====================================================== AMRENDRA KUMAR SINGH S/O LATE RAMPRAVESH SINGH RESIDENT OF VILLAGE KACHNATH P.S. PIRO (HASAN BAZAR), DISTRICT- BHOJPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Uday Kumar, Adv.

For the Opposite Party/s : Mr. Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner, who has got no criminal antecedent as has been disclosed under para-3 of the petition happens to be under custody since 25.11.2015 on account of having an allegation against him levelled by one Reeta Devi to the extent that during midday on 24.11.2015 while she was sleeping, petitioner intruded and then attempted to commit rape. During course of scuffle, she also sustained hurt.

From the order impugned, it is evident that charge had already been framed on 16.05.2016 however till the date of rejection dated 28.07.2016 not even a single P.W. has been examined.

Patna High Court Cr.Misc. No.43674 of 2016 (2) dt.05-10-2016 In the facts and circumstances of the case, in consonance with the nature of allegation petitioner Amrendra Kumar Singh is directed to 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, Bhojpur at Arrah in connection with Sessions Trial No.184/2016 arising out of Piro (Hasan Bazar) P.S. Case No.407/2015, subject to condition that petitioner would not exercise allurement, threat, coercion upon the witnesses more particularly the informant and in case so alleged, the learned lower court will be fully competent to cancel the bail bond. (Aditya Kumar Trivedi, J.) Prakash Narayan U T