Brajesh Kumar Ray v. The State Of Bihar
Patna High Court Cr.Misc. No.40027 of 2015 (3) dt.13-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40027 of 2015 Arising Out of PS.Case No. -92 Year- 2015 Thana -AMAUR District- PURNIA ====================================================== Brajesh Kumar Ray Son of Santosh Kumar Ray Resident of village - Ram Nagar Anour Tola, P.S. Amour, District - Purnea .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bijendra Kumar Singh For the Opposite Party : Smt Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 26.05.2015 in a case instituted under Section 376 of the Indian Penal Code. As per allegation, it is a case of rape upon the informant's daughter, namely, Mubasseira Manjuri aged about 19 years by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.05.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. Petitioner is pursuing his study in Batchelor of Engineering at Rajasthan. He has falsely been implicated in the
Patna High Court Cr.Misc. No.40027 of 2015 (3) dt.13-10-2015 present case. From the medical report, it would appear that no positive sign of rape has been found nor any spermatozoa was found by the doctor.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Nand Kishore, Judicial Magistrate, Ist Class, Purnea in connection with Amour P.S.Case No.92 of 2015.
(Sudhir Singh, J) B.Kr./- U T