Patna High CourtCR. MISC./60511/2019bail granted

Sanjay Chaudhary v. The State Of Bihar

2019-09-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60511 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== SANJAY CHAUDHARY Son of Godhan Choudhary Resident of VillageRatanpura, P.S.-Gopalpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366 and 376 of the Indian Penal Code.

The prosecution allegation in short is that the accused person intercepted the informant and took her into the vehicle and after inhaling her intoxicated material committed rape on her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.7.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The present case has been instituted under section 156(3) of the

Patna High Court CR. MISC. No.60511 of 2019(2) dt.25-09-2019 2/2 Cr.P.c.. Initially, a complaint case was filed on 4.8.2018 in respect of the offence which has taken place on 23.6.2016. Delay has not been explained by the prosecution. The entire family members of the petitioner was made accused by the complainant/informant. There is no medical report on record to show whether the said offence was committed or not. The present case has been instituted for oblique reasons. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -XI, Gopalganj in connection with Gopalpur P.S. Case No. 5/2019.

(Sudhir Singh, J) Pankaj/- U T