Dev Kumar Singh @ Deb Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.50994 of 2014 (5) dt.01-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50994 of 2014 Arising Out of PS.Case No. -93 Year- 2013 Thana -DIGHALBANK District- KISANGANJ ======================================================

1. Dev Kumar Singh @ Deb Kumar Singh S/o Late Dhobha Lal Singh @ Late Dharma Lal Singh Resident of Village - Khusitola, P.S. - Dighalbank, District - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. According to prosecution case itself, the alleged occurrence took place on 22-07-2013 and the informant claimed himself to be an eye witness of the alleged occurrence but he gave report to the concerned police station on 25-07-2013 i.e. after three days of the alleged occurrence. Moreover, it would appear from perusal of paragraph-14 of the case diary that the victim along with her father appeared in police station and thereafter, her statement u/S 164 of the Cr. P.C. was recorded. No doubt, in her statement, she levelled allegation against the petitioner and some others but considering the

Patna High Court Cr.Misc. No.50994 of 2014 (5) dt.01-04-2015 aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dighalbank P.S. Case No. 93 of 2013 to the satisfaction of learned Chief Judicial Magistrate, Kishanganj.

(Hemant Kumar Srivastava, J) A.K.V./- U T