Dhananjay Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53836 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- AANDAR District- Siwan ====================================================== DHANANJAY CHAUHAN SON OF KALICHARAN CHAUHAN RESIDENT OF VILLAGE- JAIJORE, POLICE STATION- ANDER, DISTRICT-SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 376D of the Indian Penal Code and section 67 of the I.T. Act. As per the prosecution case, a video was made viral wherein it transpired that four named accused persons as also three unknown persons committed rape on a lady. On further inquiry from accused Amit Kumar it transpired that the occurrence had taken place 4 to 5 days earlier and the six named accused including the petitioner herein were involved in the same.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The only material against the petitioner is the statement of a co-
Patna High Court CR. MISC. No.53836 of 2021(3) dt.27-04-2022 2/2 accused made before police. Neither the medical report supports the allegation nor the petitioner has been put on T.I. Parade inspite of being in custody since 26.8.2020 and investigation in the case is complete.
Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation together with the petitioner not having been put on T.I. Parade inspite of being in custody for 1 year 7 months, the Court directs the petitioner to be enlarged on bail in connection with S.Tr. no. 268 of 2020 (arising out of Ander P.S. Case no. 146 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge Icum-Special Judge, Siwan. (Partha Sarthy, J) Bibhash/- U