Patna High CourtCR. MISC./50219/2016bail granted

Bablu Rai And ORS v. The State Of Bihar

2016-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50219 of 2016 Arising Out of PS.Case No. -357 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Bablu Rai

2. Ranjit Rai

3. Aadarsh Rai All are sons of Basuli Rai, resident of Village- Dighi Kala, East, P.S. Sadar Hajipur, District- Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners, informant and the State.

The petitioners are apprehending their arrest in a case instituted under Sections 206, 376, 354(A) and 379/34 of the Indian Penal Code.

Allegation against petitioners is that they entered into the house of informant, outraged her modesty and tried to commit rape upon her. It is also alleged that petitioner no. 3 had committed rape upon her on the pretext of marriage. It has been submitted on behalf of the petitioners that they have got no criminal antecedent. There is no allegation of tampering of witnesses against petitioners. Petitioners have falsely been implicated in the present case. Vide Annexure-2 Gram Panchayat had found the victim to be of questionable character and directed her to leave the said vicinity. The alleged date of occurrence is 11.5.2016 and the written report was made on 28.5.2016. Delay has not been explained by the prosecution. On behalf of the State and the informant, it is submitted

Patna High Court Cr.Misc. No.50219 of 2016 (2) dt.23-11-2016 2/2 that the petitioners 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, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case no. 357 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