Rabindra Roy @ Ramendra Kumar Roy v. The State Of Bihar

Patna High Court Cr.Misc. No.10265 of 2015 (3) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10265 of 2015 Arising Out of PS.Case No. -486 Year- 2014 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Rabindra Roy @ Ramendra Kumar Roy Son of Late Bindeshwari Roy, Resident of Village - Machhbakhara, P.S. - Madhepura (Bharrahi), District - Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 30.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Admittedly, victim is married lady having two children and her statement under section 164 of the Cr.P.C has been recorded. No doubt, victim has stated against the petitioner and other accused in her statement recorded under section 164 of the Cr.P.C but submission on behalf of the petitioner is that victim herself eloped with Raju Paswan and later on, she solemnized her marriage but when she came in the clutches of her husband, she took U turn. Even if statement of victim recorded under section 164 Cr.P.C assumed to be true, then also, allegation of rape is against co-accused Raju. Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two

Patna High Court Cr.Misc. No.10265 of 2015 (3) dt.30-04-2015 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madehpura in Madehpura (Bharrahi) P.S. Case no. 486/2014.

shahid (Hemant Kumar Srivastava,J) U T