Chandan Pal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18122 of 2016 Arising Out of PS.Case No. -58 Year- 2013 Thana -BIHARIGANJ District- MADHEPURA ======================================================
1. Chandan Pal, Son of Late Sadanand Pal
2. Abhinandan Pal, Son of Dayanandal Pal, Both are residents of village - Kathautiya, P.S. Bihariganj, District - Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Bihariganj P.S. Case No. 58/13 for offence alleged under Section 376/34 of the Indian Penal Code. The prosecution case, as per the complaint petition, is that when the informant Manju Devi had gone behind her house in the bamboo clump to ease herself petitioners along with one Suresh Pal caught hold the informant, gagged her mouth, and putting the informant under fear all the three committed rape on her. It has been submitted by the learned counsel for the petitioners that they are innocent having
Patna High Court Cr.Misc. No.18122 of 2016 (2) dt.10-05-2016 2/3 committed no offence and being the agnates the petitioners have falsely been implicated. It has further been submitted that the allegations were upon three persons, out of whom one of the co-accused Suresh Pal has been acquitted in Sessions Trial No. 13/14 on 30.11.2015 as there was contradiction in the statement of the informant and there was no medical report neither her examination. Allegation upon the petitioners being similar as that of co-accused Suresh Pal, counsel for the petitioners submits that they deserve the privilege of anticipatory bail.
However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail. Be that at it may, since another co-accused with similar allegations has already been acquitted by the trial court, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Udakishanganj, Madhepura, in connection with Bihariganj P.S. Case No.
Patna High Court Cr.Misc. No.18122 of 2016 (2) dt.10-05-2016 3/3 58/13, G.R. No. 895/13, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T