Gopal Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30388 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -JALALGARH District- PURNIA ======================================================

1. Gopal Sah, Son of Late Jagdish Sah

2. Salim Ansari, Son of Md. Quddus Ansari Both residents of Village- Harchandrapur, P.S.- Jalalgarh, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioners and the learned Special Additional Public Prosecutor appearing for the S.C./S.T. Act.

The petitioner No.2 Salim Ansari is apprehending his arrest in connection with Jalalgarh P.S. Case No.47 of 2015 for allegedly having committed the offence under Sections 376D/34 of the Indian Penal Code and Section 3(iv) (v) (xii) of the S.C. & S.T. (Prevention of Atrocities) Act.

Learned counsel for the petitioner submits that though the allegation of having committed rape has been specifically made, the medical report of the victim Rani Devi does not indicate any sign of rape nor has any internal or

Patna High Court Cr.Misc. No.30388 of 2015 (3) dt.27-10-2015 2/2 external injury been found on her person. It is submitted that the petitioner no.2 has no criminal antecedents and the present case has been instituted only to take wreak vengeance on him and has been the handicraft of one Rajendra Sah, who has inimical terms with the petitioner.

Considering the aforementioned facts and circumstances and that the petitioner no.2 has got no criminal antecedents, let petitioner No.2 Salim Ansari, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Shri R.K. Sinha, learned Judicial Magistrate, 1st Class, Purnea, in connection with Jalalgarh P.S. Case No.47 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T