Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23710 of 2016 Arising out of PS.Case No. -14 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Anil Singh, son of Ram Lakhan Singh, resident of Village- Hamirpur, P.S.- Chand, District- Kaimur (Bhabua).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Binay Krishna (Spl. P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 18.04.2016 in connection with Chand P.S. Case No. 14 of 2016 for the offences instituted under Sections 366(A), 376 of the IPC and 3(1)(iii) (xii)of the SC/ST (Prevention of Atrocities) Act. The prosecution story, in brief, is that when the informant went to attend the call of nature, the petitioner and one co-accused Dabbu Singh caught hold her and brought in the Government Building and committed rape upon her and thereafter she returned to her house and narrated all the story. Thereafter, the Mukhiya and Sarpanch of the Gram Panchayat came there and asked her not to file the case rather to settle the dispute amicably and thereafter panchayati was held and accused persons were asked to pay Rs. 80,000/- as compensation but they refused to pay

Patna High Court Cr.Misc. No.23710 of 2016 (6) dt.26-08-2016 2/2 the same.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.04.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The date of occurrence is 14.10.2015 and the date of complaint is 17.12.2015. In between the said period, a panchayati was held and the petitioner has already complied with the directions made by the Panch and subsequently a compromise petition has also been filed in the learned court below.

On behalf of the learned counsels for the informant and the State, it has been admitted that the petitioner has already complied with the directions of the Panch and hence, the matter has been compromised between the parties.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned J.M. Ist Class, Kaimur (Bhabua), in connection with Chand P.S. Case No. 14 of 2016.

U.K./- (Sudhir Singh, J) U T