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Patna High CourtCR. MISC./62810/2017bail granted

Amrendra Narayan Choudhary v. The State Of Bihar

2018-01-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62810 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -MAHILA P.S. District- PATNA ====================================================== Amrendra Narayan Choudhary, son of Late Kedarnath Chaudhary, Resident of New LIC Colony, Mohalla- Shivpuri, P.O. & P.S.- Shashtri Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Mahila P.S. Case No.74 of 2017, registered under Sections 376 and 506 of the Indian Penal Code.

Allegation in brief is that the prosecutrix was raped by the petitioner, own Mausa, in a hotel room.

Learned counsel for the petitioner submits that the informant in her statement first says that she was raped in the hostel room, subsequently says that she was raped in a hotel room. There is no medical evidence with regard to the rape and the petitioner is the own Mausa, who was a local guardian; the prosecutrix was in a bad company, so used to rebuke her, therefore, the

Patna High Court Cr.Misc. No.62810 of 2017 (3) dt.19-01-2018 2 /2 petitioner has falsely been implicated in this case by her. The informant also admits that he used to scold her. This has come in para 21 of the case diary. Police has submitted charge-sheet in this case and the petitioner is in custody since 18.10.2017. Having considered the said facts and circumstances, petitioner Amrendra Narayan Choudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Mahila P.S. Case No.74 of 2017. (Arun Kumar, J.) S.Kumar/- U T