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Patna High CourtCR. MISC./48943/2016allowed

Pappu Chaudhary v. The State Of Bihar

2017-01-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.48943 of 2016 (3) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48943 of 2016 Arising Out of PS.Case No. -275 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Pappu Chaudhary Son of Jatha Chaudhary @ Govind Chaudhary resident of village - Bishar, P.S. Moffasil, District Gaya ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 25.06.2016 in connection with Moffasil P.S. Case No. 275 of 2016 registered under Sections 376 of the Indian Penal Code.

3.

Accusation is of rape and threat to kill the informant. 4.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No offence under Section 376 of the Indian Penal Code has been committed by the petitioner. The Doctor, who examined the victim, has stated that no sign of any violence or rape on the body of the victim has been found, which is evident from Annexure-2 to this petition. Moreover, statement under Section 164 Cr.P.C. itself contradict the allegation as alleged in the F.I.R. The petitioner is of clean antecedent and rotting in judicial

Patna High Court Cr.Misc. No.48943 of 2016 (3) dt.17-01-2017 custody for the last seven months.

4.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Gaya in connection with Moffasil P.S. Case No. 275 of 2016.

(Arvind Srivastava, J) Brajesh/- U T