Patna High CourtCR. MISC./54923/2016allowed

Guddu Rai v. The State Of Bihar

2016-12-21Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.54923 of 2016 (02) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54923 of 2016 Arising Out of PS.Case No. -305 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Guddu Rai, S/o Shyamdeo Rai, resident of village-Paharpur, P.S. Garkha, District-Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar -Advocate For the Opposite Party/s : Smt. Pushpa Sinha-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

During midst of journey, the driver and his associate consumed alcohol and then, began to misbehave to such extent that informant became apprehensive of being raped. To save her prestige, she jumped out from running auto-rickshaw on account of which, she sustained injuries. Fortunately, passers by as well as police arrived and chased the auto-rickshaw. Driver was apprehended and his associate managed to escape. On interrogation, driver had disclosed name of his associate, who is none else than the petitioner. However, from the order impugned, it is evident that petitioner has not been put on T. I. Parade. Furthermore, petitioner happens to be under custody since 08.10.2016, having absence of criminal antecedent.

Patna High Court Cr.Misc. No.54923 of 2016 (02) dt.21-12-2016 Accordingly, petitioner, Guddu Rai 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 Additional Chief Judicial Magistrate, 5th, Saran at Chapra in connection with Garkha P. S. Case no.305 of 2016, subject to condition that till examination of the informant, petitioner will not allure, coerce, threat the informant otherwise the learned lower Court will be quite competent to cancel his bail bond in case having been complained at the end of the informant. (Aditya Kumar Trivedi, J) Vikash/- U T