Rampati Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51920 of 2016 Arising Out of PS.Case No. -219 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ====================================================== Rampati Kumar, S/o Naresh Yadav, Resident of village - Mauji, P.S. Hasanpur, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Hasanpur P.S. Case No. 219 of 2015 for the offence instituted under Section 376© of the Indian Penal Code. There is allegation against the co- accused Amit Kumare that he has forcibly ridded the victim on his motorcycle and taken her his old house, where he has forcibly committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. The main allegation of

Patna High Court Cr.Misc. No.51920 of 2016 (2) dt.07-12-2016 2/2 commission of rape is against co-accused namely Amit Kumar. No sexual or physical abuse has been alleged against the petitioner.

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 anticipatory 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 Hasanpur P.S. Case No. 219 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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