Patna High CourtCR. MISC./27631/2016bail granted

Uday Prasad v. The State Of Bihar

2016-08-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27631 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Uday Prasad Son of Kapildeo Prasad, resident of village Kanti Kothia, P.S. Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that there was previous enmity on account of some money being due from the informant and when the petitioner started demanding return of the same, the present case has been filed. The husband of the informant (victim lady) has not endorsed the First Information Report. Furthermore, the medical report, as annexed, clearly shows no evidence of rape.

Considering the peculiar facts and circumstances of the case and that there was no evidence of rape on her person, let the

Patna High Court Cr.Misc. No.27631 of 2016 (2) dt.09-08-2016 P2/2 petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S. Case No. 116/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T