Patna High CourtCR. MISC./51372/2015allowed

Sato Roy @ Satyadeo Roy v. The State Of Bihar

2016-01-29Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51372 of 2015 Arising Out of PS.Case No. -87 Year- 2010 Thana -CHAKAI District- JAMUI ====================================================== Sato Roy @ Satyadeo Roy, Son of Late Dwarika Roy, Resident of VillageMaharaidih, P.O.- Urwa, P.S.- Chakai, District- Jamui. .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md.Aslam Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 29-01-2016 Petitioner apprehends his arrest in a case under section 376D of the Indian Penal Code on the allegation that he with aid of two others committed rape on the complainant while she was returning home with her cow at 6 PM on 18.4.2010. Counsel for the petitioner submits that he has falsely been implicated in this case as one Triveni Rai, brother of accused no.3 has earlier lodged a case against the complainant's husband. He next submits that at the relevant time he was present on duty in Burdwan, West Bengal, far away from the place of occurrence. He has also annexed final form submitted by police finding the case to be untrue against him. He further submits that the magistrate did not take cognizance initially. However, pursuant to the order in revision, cognizance of offence was taken against him.

In view of the submissions made, I

Patna High Court Cr.Misc. No.51372 of 2015 (3) dt.29-01-2016 2/2 am inclined to admit the petitioner to the privilege of bail. In case of surrender, let the petitioner named above be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Sri Lalan Kumar, Judicial Magistrate, 1st class, Jamui in Chakai Police station Case No. 87 of 2010, GR no. 1383 of 2010.

Shashi.

(Samarendra Pratap Singh, J) U T