Babloo Hansda @ Babloo Hansa & Anr. vs The State Of Bihar on 16 July, 2013

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Patna High Court - Orders

Babloo Hansda @ Babloo Hansa & Anr. vs The State Of Bihar on 16 July, 2013

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.8704 of 2013
                 ======================================================
                    1. Babloo Hansda @ Babloo Hansa
                    2. Beta Lal Soren.
                                                                     .... .... Petitioner/s
                                                 Versus
                 The State Of Bihar
                                                                .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER

6   16-07-2013

Heard learned counsels for the petitioners and the State.

The petitioners are languishing in jail since 14.08.2012 in a case initially registered for the offences punishable under Sections 341, 342, 323, 354, 327, 379 and 506/34 of the Indian Penal Code later on Section 376G of the IPC was added.

It is alleged by the father of the victim girl that the petitioner and others made assault to his daughter for having relationship with Ganga Ram Murmu when the nose pin and Rs. 5,000/- were snatched. The said FIR was registered on 19.05.2012 when the petitioners were released on police bail. Subsequently, the 164 Cr. P.C. statement of the victim girl was recorded on 14 th of August, 2012 where she alleged that forceful physical relationship was established by four persons including the petitioners when in the FIR, Section 376 (G) of the IPC was added and the victim was medically examined and then the doctor suggested the finding with regard to rape.

Patna High Court Cr.Misc. No.8704 of 2013 (6) dt.16-07-2013

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Considering the fact that the initial accusation was not levelled under Section 376(G) IPC and the said accusation was levelled after about three months of the registration of the FIR when the victim was medically examined after her 164 Cr. P.C. statement where she developed the accusation under Section 376(G) IPC, let the above named petitioner, 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 36 of 2012.

(Dinesh Kumar Singh, J) Amrendra/-

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Patna High Court - Orders