Badri Narayan Chaubey @ Baduri Narayan Chaubey @ Kutari Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23014 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- NATWAR District- Rohtas ====================================================== BADRI NARAYAN CHAUBEY @ BADURI NARAYAN CHAUBEY @ KUTARI CHAUBEY Son of Late Chhedi Chaubey @ Chandra Shekhar Chaubey, Resident of Village - Natwar Khurd, P.S.- Natwar, Distt.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Natwar P.S. Case No. 01/2019, instituted for offence under Section(s) 376 of the Indian Penal Code.
It is alleged in the written report that on 31.12.2018 while informant was going to the house of her mother-in-law, in the way petitioner called her in his hut and committed rape with her. He closed the mouth of informant and locked the hut and went away. On alarm, nearby people arrived and opened the lock. It is alleged that husband of informant was not in the house. On his arrival, informant lodged case on 01.01.2019. Injury report of victim is available in case diary,
Patna High Court CR. MISC. No.23014 of 2019(4) dt.05-07-2019 2/2 wherein it is mentioned that victim has been medically examined on 01.01.2019. Doctor has found no injury on any part of body of victim. Vaginal swab of victim was sent for examination, in which no spermatozoa was found. Petitioner is in custody since 02.01.2019.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let 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 Shri Lal Bihari Paswan, J.M. 1st Class, Bikramganj, Rohtas, in connection with Natwar P.S. Case No. 01/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T