Pintu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.63008 of 2017 (4) dt.11-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63008 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. Pintu Singh, son of Surendra Sharma @ Surendra Pd. Sharma @ Munshi, Resident of Village- Gopalpur, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 15.7.2017, seeks bail in Naubatpur PS Case No. 294 of 2016 registered under Section 376 of the IPC.

The allegation in brief is that the petitioner gave lift to the prosecutrix on motorcycle to her village home but on the way at a lonely place it is alleged that he committed rape on the point of pistol.

Learned Counsel for the petitioner submits that the petitioner is neighbor of the prosecutrix, who had illicit affair with co-villager Ramesh Sharma with whom the petitioner had enmity so she was set up by Ramesh Sharma to falsely implicate the petitioner, moreover the prosecutrix is a married lady and no mark of violence was found on her body during medical examination besides any other medical evidence of rape and the petitioner is in custody since 15.7.2017.

Having considered the said facts and circumstances, the petitioner, namely, Pintu Singh is directed to 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 ACJM IInd, Danapur in connection with Naubatpur PS Case No. 294 of 2016. (Arun Kumar, J) Snkumar/- U T