Satendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84053 of 2019 Arising Out of PS. Case No.-260 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

SATENDRA SINGH S/o Ram Ekbal Singh @ Ram Ekbal Yadav R/o village- Khudra, P.S.- Nuaon, District- Kaimur at Bhabua 2.

Buchun @ Imtiyaz Ansari S/o Murtuza Ansari R/o village- Sato Awati, P.S.- Nuaon, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 13.11.2019 in a case registered for the offences punishable under Sections 341,323,354,504,506,376 and 511/34 of the I.P.C. and Section 67(A) of the I.T. Act.

The prosecution case as per the written report of Rani Devi submitted to the SHO, Nuaon Police Station is to the effect that on 29.6.2019, the informant was talking with her boy friend, namely Danish, in the meantime, the petitioners came and caught hold of her and tried to ravish her. They also made a video of the informant.

It is submitted by learned counsel for the petitioners that the occurrence took place on 29.6.2019 but the FIR was registered on 1.11.2019. The informant was not subjected to any

Patna High Court CR. MISC. No.84053 of 2019(2) dt.18-12-2019 2/2 medical examination and subsequently, she has retracted from the initial version and has filed a petition to that effect before the learned Court below. It is further submitted that even assuming the accusation to be true, no offence under Section 376 of the IPC is made out. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioners and other accused persons.

Considering the fact that the victim has not been put to any medical examination and she retracted from her initial version, statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent and the period in custody, let the petitioners 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 the learned ACJM I, Kaimur in connection with Ramgarh (Nuaon) P.S. Case No.260 of 2019.

(Dinesh Kumar Singh, J) anil/- U