Dr. Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52606 of 2016 Arising Out of PS.Case No. -272 Year- 2016 Thana -TEKARI District- GAYA ======================================================
1. Dr. Dharmendra Kumar S/o Nand Kumar Prasad, Resident of Baheliya Bigha, P.O.+P.S. Tekari, District Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 376 of the I.P.C.
Allegation against the petitioner is that he forcibly committed rape with the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.9.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case only with the motive to black male. The victim is said to the working as a maid in the house of the petitioner. It is a malafide prosecution instituted against the
Patna High Court Cr.Misc. No.52606 of 2016 (2) dt.15-12-2016 2/2 petitioner. There is no allegation in the F.I.R. that at any point of time the victim had protested in respect to the conduct of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 C.J.M., Gaya in connection with Tekari P.S. case No.272 of 2016. (Sudhir Singh, J) Narendra/- U T