Santraj Singh @ Santraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32896 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Santraj Singh @ Santraj Kumar Singh S/o Ramprawesh Singh R/o VillageJhali, P.s.- Karamchat, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Karamchat P.S. Case No. 14 of 2020 registered under sections 376 of the Indian Penal Code.
As per allegation in the FIR, it is stated that the petitioner herein came alongwith his friend Anuj on 10.3.2020 at 6.30 pm. It is stated that petitioner forcibly established physical relation with the informant while Anuj assisted him. On her father reaching the place of occurrence, she escaped. She further states that on the police personnel coming on 11.3.2020, she came to learn about the death of Anuj.
It is submitted by learned counsel for the petitioner that the allegations as narrated in the FIR are false and concocted. It is submitted that from perusal of the FIR itself it
Patna High Court CR. MISC. No.32896 of 2020(3) dt.12-01-2021 2/3 would transpire that the informant states that on her father reaching the place of occurrence, she managed to escape and flee away. Further while the alleged occurrence is stated to have taken place on 10.3.2020, report to the police station, which is only at distance of 3 km., was given on 11.3.2020. Referring to the FIR (Annexure-2) it is submitted that in fact Anuj was caught along with the informant and was beaten up by the informant's father and brother which lead to his death/murder and the FIR was lodged which is at Annexure-2. It is for setting up a defence, that the FIR (Annexure-1) has been registered. The petitioner has no criminal antecedent and is in custody since 12.3.2020. Investigation in the case has concluded. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 12.3.2020, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Karamchat P.S. Case No. 14 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.32896 of 2020(3) dt.12-01-2021 3/3 learned Additional District & Sessions Judge-1-cum-Special Judge, Kaimur at Bhabua.
(Partha Sarthy, J) sushma/- U T