Himanshu Kumar @ Abhisek @ Ilu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48833 of 2018 Arising Out of PS.Case No. -150 Year- 2018 Thana -KHAGAUL District- PATNA ====================================================== HIMANSHU KUMAR @ ABHISEK @ ILU, Son of Sri Paras Singh, Resident of Village- Lakhani Bigha, Police Station- Danapur and DistrictPatna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Khagaul P.S. Case No. 150 of 2018 instituted for the offence under Sections 348, 341, 323, 376, 504 and 506/34 of the Indian Penal Code. Counsel for the petitioner submits that there is specific allegation of committing rape with daughter of the informant against Niranjan Kumar. Petitioner is not named in the written report.
The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2 wherein she has stated that Niranjan Kumar, Abhishek Kumar and one unknown person came in her house. She has stated in her statement recorded under Section 164 Cr. P.C. that Niranjan Kumar has
Patna High Court Cr.Misc. No.48833 of 2018 (4) dt.01-11-2018 2/2 committed rape with her.
Petitioner is said to be in custody since 22.06.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Additional Chief Judicial Magistrate-V, Danapur, Patna, in connection with Khagaul P.S. Case No. 150 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T