Shambhu Kumar Ray @ Shambhu Kr. Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6525 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ====================================================== Shambhu Kumar Ray @ Shambhu Kr. Roy Son of Late Janglu Ray, Resident of Village - Sisiya, Police Station - Azamnagar, District - Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajendra Prasad Sah, Advocate.

For the Opposite Party : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-04-2015 Heard both sides.

The petitioner seeks bail in Azamnagar P.S. Case No. 24 of 2014, registered for the offences punishable under Section 376 of the Indian Penal Code.

The victim made her statement that on 27.04.2012, the petitioner took her inside a field and committed rape with her. Learned counsel for the petitioner submits that the occurrence is said to have taken place on 27.04.2012, but the complaint petition was filed on 12.12.2013 i.e. after one year eight months. Thereafter, this case was lodged on 01.02.2014. From the perusal of the contents itself, it appears that the victim is a major lady and she was earlier married to one Dilip Rai and she consciously established physical relationship with the

Patna High Court Cr.Misc. No.6525 of 2015 (3) dt.13-04-2015 2/2 petitioner on the pretext of marriage.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 24 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T