Sanjeev Kumar @ Sanjeev Singh @ Sanjiv Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60760 of 2018 Arising Out of PS.Case No. -38 Year- 2017 Thana -MAHILA PS District- AURANGABAD ====================================================== Sanjeev Kumar @ Sanjeev Singh @ Sanjiv Kumar Singh, Son of Late Mundrika Singh, Resident of Village- Jethian, P.S.- Atari, District- Gaya, at present residing at Near Vishar Talab, Nutan Nagar, Green Field School, P.S.- Civil Lines, District- Gaya, Bihar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Anima Kumari, Daughter of Late Kamta Singh, Resident of VillageDarbhanga, P.S.- Madanpur, District- Aurangabad (Bihar). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Sinha For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition in the course of the day.

Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Aurangabad Mahila P.S.Case No. 38 of 2017 registered for the offence punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of commission of rape upon the prosecutrix.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and moreover the victim

Patna High Court Cr.Misc. No.60760 of 2018 (2) dt.06-10-2018 2/2 girl has been examined and she has not supported the prosecution case, which will appear from Annexure-5 to the supplementary affidavit and petitioner is in custody for three months. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-I-cumSpecial Judge, Aurangabad, in connection with Sessions Trial No. 64 of 2018, arising out of Aurangabad Mahila P.S.Case No. 38 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T