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Patna High CourtCR. MISC./23850/2016bail granted

Sanjay Pandey v. The State Of Bihar

2016-07-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23850 of 2016 Arising Out of PS.Case No. -62 Year- 2011 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Sanjay Pandey son of Late Deo Nath Pandey, Resident of Village- Deo, P.S.- Sikrahata, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code.

There is allegation of gang rape against the petitioner and others but submission on behalf of the petitioner is that there are series of litigation between petitioner and father in law of the informant. It is further submitted that father in law of the informant is henchmen of one Hareram Pandey with whom petitioner has inimical term and land dispute is going on between them. It is further submitted that moreover, having more or less similar allegation, one co-accused, Jitendra Pandey has already

Patna High Court Cr.Misc. No.23850 of 2016 (3) dt.13-07-2016 2/2 been granted privilege of bail by a co-ordinate Bench of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that after completion of investigation, police submitted final form showing the accusation untrue though the court below took cognizance for the offences, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Bhojpur at Ara in connection with Sessions Trial No. 230 A of 2015 arising out of Sikrahata P.S. Case No. 62 of 2011.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T