Patna High CourtCR. MISC./5034/2015bail granted

Deepak Kumar v. The State Of Bihar

2015-05-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5034 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Deepak Kumar Son of Udit Narain Singh Resident of village - Daud Nagar, Police Station Bidupur, District - Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar Singh For the Opposite Party : Mr. Binod Kumar -Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Petitioner is languishing in custody since 31.08.2014 in a case registered for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code and Sections 4, 6, 10 of the Protection of Children from Sexual Offences Act.

It is alleged that on 26.07.2014 the sister of the informant was sleeping on a table when some trucker ravished her. Though neither the informant nor the victim identified the said miscreant but the victim suggested that the said person used to come at her shop earlier also. On the above accusation the First Information Report was registered against unknown.

It is submitted by learned counsel for the petitioner that First Information Report was registered on 27.07.2014 which reached to the learned Magistrate on 31.07.2014 which suggests the registration of the F.I.R by

Patna High Court Cr.Misc. No.5034 of 2015 (5) dt.07-05-2015 2/2 antedating. The petitioner was arrested on 31.08.2014 but he was never been put on test identification parade though the statement of the victim has been recorded in paragraph 46 of the case diary which suggests that victim identified the petitioner. Paragraph 46 of the case diary was also recorded on 31.08.2014. The victim was never subjected to medical examination.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, 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 Special Judge, POSCO Act, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 105 of 2014.

(Dinesh Kumar Singh, J) Shageer/- U T