Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52114 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== PRAMOD KUMAR Son of Umesh Prasad Yadav @ Umesh Pd. Yadav Resident of Village - Gosain Bigha, P.S.- Akbarpur, Distt - Nawada. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lilawati Singh For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Akbarpur P.S. Case No. 68 of 2019 registered for the offences punishable under Sections 341, 323, 376 and 379 of the Indian Penal Code.
Prosecution case is that petitioner has come to the house of informant and committed rape upon her daughter-inlaw, who is deaf and dumb, and also there is allegation of snatching of chain.
Submission of learned counsel for the petitioner is that no case is made out under Section 376 IPC against the petitioner which will appear from the FIR itself and moreover Annexure-2, medical report of Medical Board, does not support the commission of rape and further in her statement under Section 164 Cr.P.C. with the help of interpreter she has not
Patna High Court CR. MISC. No.52114 of 2019(2) dt.21-08-2019 2/2 supported the prosecution case.
Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Nawada, in connection with Akbarpur P.S. Case No. 68 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T