Dilip Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54802 of 2015 Arising out of PS.Case No. -34 Year- 2014 Thana -MAHILA PS District- DARBHANGA ====================================================== Dilip Giri, Son of Ram Vinay Giri, resident of village - Bathua, P.S. Mushri Gharari, District - Samastipur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dharmendra Jha, Advocate. For the Opposite Party : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Darbhanga Mahila P.S. Case No. 34 of 2014 for the offences instituted under Sections 376, 354(D) and 506 of the IPC. The prosecution story, in brief, is that the petitioner had visiting term with the informant-victim before 5-7 years and he forcibly committed rape with her giving threat with direconsequences and kidnapping of her son and he continuously committed rape with her time to time. It is further alleged that on 27.03.2014 the petitioner called the informant at his residence and committed rape with her and took her objectionable photograph and petitioner also threatened her to kill her husband.

Patna High Court Cr.Misc. No.54802 of 2015 (3) dt.18-03-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. The police after investigation has found the case to be false for offence under Section 376 IPC. The charge sheet has been submitted for offence under Sections 497 and 494 IPC.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Darbhanga Mahila P.S. Case No. 34/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T