Lakhindra Singh @ Kakhindra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64391 of 2024 Arising Out of PS. Case No.-1017 Year-2022 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.
Lakhindra Singh @ Kakhindra Singh Son of Late Buchan Singh Resident of Village - Bhimpur, Police Station - Bhimpur, District - Supaul 2.
Yoganand Singh @ Yogendar Singh Son of Chhotelal Singh Resident of Village - Bhimpur, Police Station - Bhimpur, District - Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajmaniya Devi Wife of Ashok Singh Resident of Village - Bhimpur, Police Station - Bhimpur, District - Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP For the Complainant :
Mr. Saroj Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-12-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioners apprehend their arrest in connection with Complaint Case No.1017C of 2022 in which cognizance has been taken under Section 354, 354A, 323/34 of the Indian Penal Code.
3.
The allegation against the petitioner no.1 is to have committed rape with the assistant of petitioner no.2 as petitioner no.2 kept the complainant under fear by means of Dabia.
Patna High Court CR. MISC. No.64391 of 2024(3) dt.18-12-2024 2/3 4.
Learned counsel appearing on behalf of the petitioners submits that the petitioners have falsely been implicated in the present case. It is submitted that during course of investigation the investigating officer has not found the sufficient evidence for filing chargesheet against the petitioner and accordingly, the report submitted as not sent up against the said final report, where, victim-cum-complainant filed protest petition before the learned Magistrate and after inquiry learned Magistrate issued process and taken cognizance for offence under Sections354, 354A, 323/34 and not offence under Section 376 of the IPC. It is submitted that both the petitioners are closte brother, where, petitioner no.1 is younger brother of petitioner no.2. It is submitted that petitioners are man of clean antecedent. 5.
Learned APP appearing on behalf of the State duly assisted by learned counsel for the complainant, opposes the prayer of bail of the petitioners. 6.
Considering the aforesaid facts and circumstances of the case, submissions made on behalf of both petitioners and final report submitted by the investigating officer, let both above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the trial court within a period of six weeks from today on
Patna High Court CR. MISC. No.64391 of 2024(3) dt.18-12-2024 3/3 furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Supaul in connection with Complaint Case No.1017C of 2022 subject to the condition laid down under Section 438(2) of Cr.P.C.
(Ramesh Chand Malviya, J) S.Katyayan/- U T