Patna High CourtCR. MISC./63875/2018bail granted

Fulu Singh And ANR v. The State Of Bihar

2018-12-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63875 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- GOH District- Aurangabad ======================================================

1. Fulu Singh, Son of Sakaldeep Singh,

2. Yaswant Kumar, Son of Parash Singh, Both resident of VillageMunjahuda, Police Station- Goh, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2018 The petitioners seek regular bail in connection with Goh P.S. Case No. 130 of 2018, registered for offences punishable under Sections 457, 376(D) and 506 of the Indian Penal Code.

Allegation as per F.I.R. is that the petitioners and other two persons entered inside the house of informant and committed rape on her one by one.

It has been submitted on behalf of the petitioners that informant in her statement recorded under Section 164 Cr.P.C. has not named the petitioners rather she has named two other accused persons and not the petitioners and about the other two persons, she disclosed that their names are known to the mother in law, however, the mother in law also could not

Patna High Court Cr.Misc. No.63875 of 2018(3) dt.17-12-2018 2/2 disclose the name of other two persons as she stated that she was not present at the of occurrence. Further submission is that petitioners have no criminal antecedents and they have been in custody since 28.06.2018.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Aurangabad, in connection with Goh P.S. Case No. 130 of 2018, subject to the condition that petitioners will cooperate in disposal of trial and make themselves available as and when required by the court below, failing which, the prosecution shall move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T