Patna High CourtCR. MISC./11745/2016bail granted

Birendra Kumar Rai @ Birendra Kumar Roy v. The State Of Bihar

2016-03-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11745 of 2016 Arising Out of PS.Case No. -155 Year- 2010 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Birendra Kumar Rai @ Birendra Kumar Roy Son of Late Devkant Roy, Resident of Village- Sahpur (Prithipatti), Police Station- Bhaptiyahi, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. B.N.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The alleged occurrence is said to have taken place on 31.01.2010 but the complainant/informant filed Complaint case on 22.05.2010, i.e., near about after four months of the alleged occurrence. There is accusation against the petitioner and one coaccused that they committed gang rape on the complainant/informant but submission on behalf of the petitioner is that no such occurrence did ever take place and, as a matter of fact, the petitioner has been implicated in this case due to enmity and village politics. It is further pointed out by him that the victim was medically examined by the medical board on 23.06.2010 and

Patna High Court Cr.Misc. No.11745 of 2016 (2) dt.16-03-2016 2/2 at first instance, the medical board found the victim between aged about 16 to 17 years but, later on, by making cutting in the report, the age of victim was disclosed between 13 to 15 years. It is further submitted that, moreover, the complainant/informant has already compromised this case though the offence is not compoundable in nature.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S.Case No. 155 of 2010.

(Hemant Kumar Srivastava, J) N.K/- U