Vijay Kumar Dubey @ Funnu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31499 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -MAHILA P.S. District- SIWAN ====================================================== Vijay Kumar Dubey @ Funnu son of Babban Dubey, resident of villageJalalpur, P.S- G.B. Nagar Tarwara, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Siwan Mahila P.S.Case No.25 of 2015 registered under sections 376 and 511 of the Indian Penal Code and section 3⁄4 of Protection of Children from Sexual Offence, 2012. Case diary in the present case was called for which has been received.
Learned counsel for the petitioner submits that the prosecution side and the petitioner are agnate and the allegation of having committed the offence of rape has been brought in only to wreck vengeance against this petitioner as there is land dispute between the parties. The medical report shows that the victim in question was above eighteen years.
Considering the nature of allegation made and the fact
Patna High Court Cr.Misc. No.31499 of 2015 (3) dt.29-10-2015 2/2 that the parties are agnates and also that this petitioner has no criminal antecedent, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Siwan in connection with Siwan Mahila P.S. Case No.25 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) Md.S./- U T