Subodh Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27961 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Subodh Shukla S/o Anirudh Shukla resident of Village/Mohalla-Bhim Nagar, P.S. - Birpure, District- Supaul .... Petitioner
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Binay Kumar Sinha, Adv. For the Opposite Party : Mr. Tarun Prasad Mandal, APP 204 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both the parties.
The petitioner apprehends his arrest in Mahila P.S. Case No. 5 of 2016 under Sections 341, 376(D) and 506/34 of the Indian Penal Code and 4 and 6 of the Protection of Children from Sexual Offences Act.
The victim made allegation that Santosh Swarnkar, Ajay Kumar Thakur, Ghanshyam Mandal, Gaurav Kumar and Tinku Shukla caught her while she was coming from house of Zakir Naik and took her in a lonely field. They all committed rape with her. At the fag end of the first information report the victim alleged that Subodh Shukla also threatened her not to lodge the case. It is submitted that the petitioner has falsely been implicated in this case. The petitioner did not ever threaten the victim. The occurrence took place on 13.01.2016, but, the first information report, itself, was lodged on 18.01.2016.
Considering the facts that the petitioner is not alleged to have touched the body of the victim and only allegation against the petitioner is that he threatened the victim not to lodge the case, the petitioner, above named, in the event of his arrest or surrender,
Patna High Court Cr.Misc. No.27961 of 2016 (2) dt.02-09-2016 within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Mahila P.S. Case No. 5 of 2016 to the satisfaction of the Additional Sessions Judge, I, Supaul,. subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
(Prabhat Kumar Jha, J) SA/- U √ T √