Umesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49069 of 2016 Arising Out of PS.Case No. -1010 Year- 2010 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Umesh Das S/o Late Bachhu Das residing at Mohalla- Gandhinagar, P.S.- Moffasil, Dist- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Complaint Case No. 1010 of 2010 registered under Sections 376(D), 323/34, 506, 342 of the I.P.C.

The accusation is of committing rape on the point of pistol and also threatening to kill her by three accused persons. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the suspicion. It is also submitted that during the course of trial, victim Rekha Kumari and Heeramani Devi were examined, but they did not identify and disclose the name of this petitioner. Further submission is that petitioner is in custody

Patna High Court Cr.Misc. No.49069 of 2016 (3) dt.02-02-2017 2/2 since 12.09.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 Additional District and Sessions Judge- 1st, Gaya in connection with Sessions Trial No. 413 of 2016/178 of 2016 arising out of Complaint Case No. 1010 of 2010.

(Arvind Srivastava, J) Shail/- U T