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Patna High Court - Orders

Kumud Kumar Srivastava@Nanhe Kumar ... vs The State Of Bihar on 10 May, 2012

Author: Hemant Kumar Srivastava

Bench: Hemant Kumar Srivastava

      Patna High Court Cr.Misc. No.12454 of 2012 (3) dt.10-05-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Miscellaneous No.12454 of 2012
                ======================================================
                Kumud Kumar Srivastava@Nanhe Kumar Srivastava
                                                                       .... .... Petitioner/s
                                                Versus
                The State Of Bihar
                                                                  .... .... Opposite Party/s
                CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
                SRIVASTAVA
                ORAL ORDER
03/    10.05.2012

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is named in the first information report with specific allegation of rape but submission on behalf of the petitioner is that no sign of any injury was found on the person of the informant in her medical examination and the victim was found aged about 17 to 18 years. It is also contended on behalf of the petitioner that, as a matter of fact, on the alleged date of the occurrence, the victim asked fertilizer from the informant on credit which was refused by him and after that family members of the victim mercilessly assaulted the petitioner for which petitioner lodged Purushotampur P.S. Case no. 02/2012 and thereafter, family members of the informant set the informant and got instituted this case against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Kumud Kumar Srivastava @ Nanhe Kumar Srivastava, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah in Purushotampur P.S. Case no. 01/2012.

      Shahid                                              (Hemant Kumar Srivastava,J)