Patna High CourtCR. MISC./6320/2016bail granted

Krishna Singh v. The State Of Bihar

2016-06-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6320 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Krishna Singh Son of Late Sheo Bachan Singh, Resident of Village Jigna Jagarnath, P.S. Mirganj, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 310, 376, 406, 420 of the Indian Penal Code.

The informant filed complaint case bearing Complaint Case No. 1062 of 2015 on 20.04.2015 which was converted into Gopalganj (Mahila) P.S. Case No. 26 of 2015. The accusation against the petitioner is that he committed rape on the informant on 14.01.2011 and subsequently he promised for marriage and also coerced the informant to have sexual relation with him and continued his sexual relation till 25.01.2015 when

Patna High Court Cr.Misc. No.6320 of 2016 (3) dt.24-06-2016 2/2 finally he refused to solemnize his marriage with the informant. Submission on behalf of the petitioner is that the petitioner has been implicated in this case on account of political rivalry and village politics and as a matter of fact, after death of Lalit Singh, the informant left the village and started residing at West Bengal. Moreover, there was dispute between the deceased Lalit Singh and Niraj Singh and one Lakshman Singh being instrumental got this false case instituted against the petitioner. Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner is in jail custody since 19.12.2015, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj (Mahila) P.S. Case No. 26 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T