Babua Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50278 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ======================================================
1. Babua Bind Son of Birbal Bind
2. Basaha Bind Son of Late Nihor Bind.
3. Krishna Bind Son of Basaha Bind
4. Salagu Bind Son of late Katwaru Bind.
5. Ramesh Bind Son of late Nihor Bind
6. Munni Devi Wife of Rambali Bind
7. Urmila Devi Wife of Chandrabali Bind
8. Rambali Bind Son of Alagu Bind All Resident of Village- Dulahi, P.S Chand, District Kaimur at Bhabua.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 376 and 34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act.
Allegation against petitioners is that they came in the house of informant, assaulted his brother and sister and petitioner nos. 4 and 8 have committed rape upon her.
It has been submitted on behalf of the petitioners that they have got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioners. The victim has been examined under Section 164 of the Code of Criminal Procedure where she has denied the allegation made in the F.I.R. On behalf of the State, it is submitted that the petitioners
Patna High Court Cr.Misc. No.50278 of 2016 (2) dt.23-11-2016 2/2 are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua Mahila P.S. Case no. 29 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T