Rajkumar Pandit @ Rajkumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39867 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- MAHILA P.S District- Supaul ====================================================== Rajkumar Pandit @ Rajkumar Son of Bhagwan Dutt Pandit Resident of Village- Mahua, Police Station & District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh For the Opposite Party/s :
Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Supaul Mahila P.S. Case No. 94 of 2017 registered for the offence punishable under Sections 376, 354(B), 324, 307 and 452 of the Indian Penal Code.
Informant in her written complaint to the Officerin-Charge of Mahila P.S. Supaul has stated that on 26.06.2017, in the night at about 2:00 pm, when she was sleeping with her children, some unknown persons after putting the lights off entered her room in order to commit
Patna High Court Cr.Misc. No.39867 of 2018(2) dt.12-07-2018 2/3 rape on her and thereafter injured her private parts which resulted into bleeding. On alarm being raised by her, her elder Brother-in-Law and Sister-in-Law came and admitted her into hospital. She has further stated that her husband had gone with her Father-in-Law for his treatment in Darbhanga. FIR is against unknown. However, in her statement statement recorded under Section 164 of the Cr.P.C, she has named petitioner and has stated altogether different story contrary to her written complaint made before the police.
It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. Petitioner is next door neighbour of the informant and there is civil dispute between the parties and as such after three months of the occurrence, he has been implicated in this case. The Medical Board has examined informant and did not find any type of sexual assault or any injury on the body of the informant. Petitioner has got no criminal antecedent and is in custody since 11.04.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on
Patna High Court Cr.Misc. No.39867 of 2018(2) dt.12-07-2018 3/3 bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case No. 94 of 2017 (G.R. No. 1442 of 2017).
(S. Kumar, J) ranjan/- U