Patna High CourtCR. MISC./46740/2015bail granted

Dhiraj Kumar Tiwari @ Dhiraj Tiwari v. The State Of Bihar

2016-02-03Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.46740 of 2015 (3) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46740 of 2015 Arising Out of PS.Case No. -397 Year- 2015 Thana -DANAPUR District- PATNA ======================================================

1. Dhiraj Kumar Tiwari @ Dhiraj Tiwari son of Late Niranjan Tiwari, resident of Gangahara, P.S. Shahpur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 366 (A) and 34 of the Indian Penal Code. The allegation against the petitioner is that on 20.7.2015 when Saloni Kumari came from her college he was with Kundan Tiwari and Niraj Tiwary. They compelled her to take seat in a car and they took away her to Khagaul. The petitioner assaulted her. Kundan Tiwari tore her cloth and got her unconscious. When she awoke she found her clothes torn and there was bleeding from her private part. Next day one of the accused, Kundan Tiwari brought at her house.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The victim girl has been

Patna High Court Cr.Misc. No.46740 of 2015 (3) dt.03-02-2016 examined under Section 164 of the Code of Criminal Procedure. She has not named the petitioner. From the perusal of the medical report it appears that no sign of rape has been found upon the victim.

On behalf of the State, it is submitted that the petitioner is named in the first information report.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No.397 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sudhir Singh, J) V.P.Sinha/- U