Patna High CourtCR. MISC./10002/2018bail granted

Sitaram Chaupal v. The State Of Bihar

2018-04-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10002 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -SIDHWARA District- DARBHANGA ======================================================

1. Sitaram Chaupal, Son of Sone Chaupal @ Sone Khatbe, Resident of Village- Lorika, Police Station- Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 448/376/354(D)/363/366/34 of the Indian Penal Code.

Though there is allegation, in the FIR, of commission of rape on the informant by the petitioner and coaccused twice on different occasion. The case-diary would reveal that the witnesses have stated that there was a dispute for nonrefund of money and for that reason the husband of the informant has lodged the present case. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 10.12.2017. Investigation of the case is already complete.

Patna High Court Cr.Misc. No.10002 of 2018 (3) dt.03-04-2018 P2/ Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Singhwara P.S. Case No.197 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T