Patna High CourtCR. MISC./28193/2016bail granted

Ashok Sahani v. The State Of Bihar

2016-09-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28193 of 2016 Arising Out of PS.Case No. -101 Year- 2010 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Ashok Sahani S/o - Shukul Sahani R/o Bishnupur Basant Basaitha, P.S. - Saraiya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Archana Sinha @ Archana Shahi For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-376, 323, 504, 379 & 34 of the Indian Penal Code. Originally, the informant filed complaint case which was converted into Saraiya P.S. Case No. 101 of 2010. There is accusation against the petitioner that in the night of 28-01-2010, he having entered into house of the informant, committed rape upon her but submission on behalf of petitioner is that the informant lodged this case on account of land dispute but subsequently, she has compromised the case and moreover, there is delay in lodging of the first information report and the informant was not medically examined. It is further

Patna High Court Cr.Misc. No.28193 of 2016 (3) dt.26-09-2016 2/2 submitted that the investigation against the petitioner has already been completed.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Saraiya P.S. Case No. 101 of 2010 to the satisfaction of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T