Pradeep Rajak And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1654 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Pradeep Rajak, Son of Sitaram Rajak,

2. Sitaram Rajak, Son of Late Nunulal Rajak, both are resident of VillageKupari Ward No.2, Police Station- Jadia, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376/511 of the Indian Penal Code.

The prosecution case is that while the informant was plucking lady's finger, petitioner no. 1, Pradip Rajak pushed the informant on the ground and tried to undress her. On alarm being raised, petitioner no. 2, Sitaram Rajak came and asked petitioner no. 1 to kill the informant. It is alleged that both the petitioners assaulted the informant. When nearby people came, the petitioners escaped from the scene.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.1654 of 2016 (2) dt.13-01-2016 petitioners that petitioners are next door neighbour of the informant. Due to land dispute accusation has been levelled. During investigation, sister-in-laws of the victim (Nanad and Gotani) and husband of the victim stated that petitioners only abused and assaulted the informant. The informant has not been medically examined by any Doctor. For the occurrence of 15.08.2015 the written report was submitted on 02.09.2015. Considering the delayed lodging of the case and couple the statement in para-3 of the petition that petitioners have no criminal antecedent, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Supaul in connection with Supaul (Mahila) P.S. Case No. 65 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K.