Patna High CourtCR. MISC./21774/2015disposed

Dharmendra Kumar v. The State Of Bihar

2015-05-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21774 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -BUNIADGANJ District- GAYA ======================================================

1. Dharmendra Kumar S/o Munnilal, resident of village- Sadipur, P.S.- Buniyadganj, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sunil Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363/34 of the Indian Penal Code subsequently Sections 376(2-G) and 302 of the IPC and Sections 4 and 6 of The Protection of Children from Sexual Offences Act were also added.

The accusation is of kidnapping minor grand daughter of the informant and subsequently after committing gang rape the victim was killed. Though, the petitioner was not named in the FIR, his name subsequently sprang up during investigation as the person who carried the dead body of the victim on motorcycle. It is submitted by learned counsel for the petitioner that except confession of co-accused before the police, there is no

Patna High Court Cr.Misc. No.21774 of 2015 (2) dt.21-05-2015 2/2 direct evidence against the petitioner and co-accused Rau Kumar Yadav has been granted regular bail vide Cr. Misc. No. 41895 of 2014.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Buniadganj P.S. Case No. 54 of 2014 pending in the court of learned CJM, Gaya. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T