Suresh Soni v. The State Of Bihar

Patna High Court Cr.Misc. No.20695 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20695 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Suresh Soni, Son of Shambhu Sah, Resident of Village- Bariyarpur Gola, PS Motipur District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Motipur P.S. Case No. 58 of 2016 registered under Section 376 of the Indian Penal Code.

The accusation is of committing rape on the informant by the petitioner, brother-in-law of the informant, on 04.03.2016. Learned counsel for the petitioner submits that, in fact, petitioner has four brothers and Punches had partitioned the land between the petitioner and his brothers on asking by his father Sambhu Sah on 12.03.2016 but Rakesh Sah, husband of the informant started to quarrel with the petitioner and his father, regarding which, father of the petitioner instituted a case bearing

Patna High Court Cr.Misc. No.20695 of 2016 (2) dt.16-05-2016 Motipur P.S. Case No. 59 of 2016 on 12.03.2016 against the husband of the informant, which would appear from Annexure 2 to the application and only to save his skin the husband of the informant managed to lodged this false case. It is further submitted that petitioner has no criminal antecedent and is in custody since 13.03.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., West Muzaffarpur, in connection with Motipur P.S. Case No. 58 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T