Chunchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32226 of 2016 Arising Out of PS.Case No. -842 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chunchun Kumar son of Bhulan Sah, resident of Village- Gokhula, P.S.- Banjariya (Turkauliya), District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case instituted under Sections 147, 341, 323, 324, 354 and 379 of the Indian Penal Code.

The allegation against the accused persons including the petitioner is of attempting to commit rape upon the victim and her sister.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.06.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Similar case was instituted by the mother of the informant, prior to institution

Patna High Court Cr.Misc. No.32226 of 2016 (3) dt.20-09-2016 2/2 of the present case. Similar cases are instituted by the informant upon the other persons of the locality also, prior to the institution of the present case. She is in habit of instituting such fake cases against the resident of the said village. The petitioner is a student and stays in the lodge of his Mama and the said Mama of the petitioner has also been made accused in the present case. On behalf of the state and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. and he has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 842 of 2015. (Sudhir Singh, J.) Amit/- U T