Raju Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86147 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== RAJU RAJAK Son of Sikandar Rajak Resident of Village - Hajipur Faujdari, P.S.- Pirpainty, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Pirpainty P.S. Case No. 62 of 2019, registered under Sections 365, 376 and 307 of the Indian Penal Code.

The accusation is that informant Shobha Devi along with her daughter Khushi Kumari, aged about 10 years, proceeded for her Myaka, in the way, her gotia Raju Rajak (Petitioner) met and enticed away her along with her daughter boarding on train. He administered intoxicated substance, in course of traveling, to the informant as a result thereof, she become unconscious and she was raped keeping her 20-22 days in Howrah town, anyhow, the informant returned to her house. The daughter of the informant was also dashed from

Patna High Court CR. MISC. No.86147 of 2019(2) dt.17-01-2020 2/3 the train by the petitioner at Sahebganj station in which she sustained grievous injury. Thereafter, her daughter was taken by the railway Police in Mayaganj hospital and, thereafter, she was under treatment at Bhagalpur in private clinic and due to mental depression, she could not give application to the Police.

Learned counsel for the petitioner submits that, admittedly, the petitioner is the nephew of the informant and due to land dispute, the informant managed to lodge the present case. Further submission is that while it is alleged in the F.I.R. that Khushi Kumar, daughter of the informant was rushed at Mayaganj hospital for treatment by the railway Police, but her injury as detailed in the case diary was shown as of Sadar hospital Sahebganj on 10.03.2019 and the present case has been lodged after 25 days on 04.04.2019. The petitioner has no criminal antecedent and he is in custody since 08.05.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-XI, Bhagalpur in connection with

Patna High Court CR. MISC. No.86147 of 2019(2) dt.17-01-2020 3/3 Pirpainty P.S. Case No. 62 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T