Sanjit Kumar @ Sanjeet Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41668 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- MAHILA P.S. District- Vaishali ====================================================== Sanjit Kumar @ Sanjeet Kumar Ray, Son of Arjun Rai, Resident of VillageSarai Dhanesh, P.S.- Desari (Sahdei O.P.), District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Ansul, Advocate For the State :

Mr. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Hajipur Mahila P.S. Case No.04 of 2018 registered under Sections 376(D) of the Indian Penal Code and 67(A) of the I.T. Act.

Allegation in brief is that the informant's mentally retarted daughter was gang raped by some of the co-villagers. Learned counsel for the petitioner submits that the petitioner gave information regarding the occurrence to the informant and the girl is deaf and dumb and the informant in his statement recorded under Sections 164 Cr.P.C. has not named this petitioner rather he has stated that Gajanan Mahto, Guddu Kumar, Indal Kumar, Sakil Ahmad, Anwar Hussain and

Patna High Court Cr.Misc. No.41668 of 2018(2) dt.13-07-2018 2/2 Kalamuddin raped his daughter.

Having considered the aforesaid facts and circumstances, in particular the statement of the informant recorded under Section 164 Cr.P.C not naming the petitioner as one of the members of the gang committing rape, so petitioner Sanjit Kumar @ Sanjeet Kumar Ray 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 the learned S.D.J.M., Vaishali at Hajipur in connection with Hajipur Mahila P.S. Case No. 04 of 2018.

(Arun Kumar, J) S.KUMAR/- U T