Patna High CourtCR. MISC./16599/2016bail granted

Ashish Kumar And ANR v. The State Of Bihar

2016-05-23Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.16599 of 2016 (3) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16599 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Ashish Kumar Son of Kare Lal Mandal

2. Rajendra Mandal@Sunil Mandal Son of Rampukar Mandal Both resident of Village- Purwari tola, Farda, P/s Naya Ramnagar, District Munger.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Jitendra Nath Tiwary, Advocate For the Opposite Party : Mr. Veena Rani Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are in custody since 04.07.2015 in connection with Sultanganj P.S.Case No.147 of 2015 registered for the offence under Sections 376D and 379 of the IPC. As per the prosecution case, it is a case of rape upon the victim and also snatched Rs.1100/- of the informant. It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.07.2015. Petitioners have got no criminal antecedent. The victim has not named the petitioners in her statement recorded under Section 164 Cr.P.C. In course of trial also, the victim has not named the petitioners nor she has

Patna High Court Cr.Misc. No.16599 of 2016 (3) dt.23-05-2016 identified the petitioners. From perusal of the medical examination report of the victim, it is evident that the same do not support the prosecution case. The other co-accused has been granted bail by this Court in Cr.Misc.No.374 of 2016.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Bhagalpur in Sessions Trial No.631 of 2015 arising out of Sultanganj P.S.Case No.147 of 2015.

(Sudhir Singh, J) B.Kr./- U T