Deepak @ Deepak Prasad And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14213 of 2016 Arising Out of PS.Case No. -65 Year- 2014 Thana -BARUN District- AURANGABAD ======================================================
1. Deepak @ Deepak Prasad
2. Guddu @ Guddu Kumar Both are sons of Hira Sao resident of Village - Gobardhan Bigha, P.S. - Barun, District - Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Section-366(A) of the Indian Penal Code.
Petitioners are not named in the first information report but when the statement of victim was recorded, she stated that she was kidnapped by Upendra Sah and Dinanath, and thereafter, she was brought in a room, where petitioners and several other persons were present. Petitioners and others were pressurizing her to solemnize marriage with Upendra Sah and when, she did not buckle upon the aforesaid pressure, Upendra Sah and Dinanath as well as petitioner No. 1 and several other
Patna High Court Cr.Misc. No.14213 of 2016 (2) dt.05-04-2016 2/2 accused, committed rape upon her several times. Moreover, she anyhow eluded from the clutches of petitioners and others. Submission on behalf of petitioners is that the victim was caught by police along with Upendra Sah, when both had gone to solemnize their marriage before a court. It is further submitted that police, after due investigation, submitted final form, finding the accusation untrue against petitioners but the learned court below took cognizance of the offence against petitioners also.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Barun P.S. Case No. 65 of 2014 to the satisfaction of learned Special judge, Posco Act, Aurangabad. (Hemant Kumar Srivastava, J) A.K.V./- U T