IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26700 of 2010
RUPESH KUMAR
Versus
STATE OF BIHAR
with
Cr.Misc. No.28141 of 2010
MONU @ MANORANJAN @ MANORANJAN KUMAR
Versus
STATE OF BIHAR
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2 27.8.2010 Both these applications are taken up together for
hearing.
Heard counsel for the petitioners and the State.
The petitioners are accused in a case under sections
363, 366, 376, 420/34 of Penal Code.
It is alleged that the victim girl Saneha Rani married
with one Deepu Thakur. Thereafter, she separated from him and
solemnized her second marriage with one Sanjay Thakur. It is
further alleged that accused Jitendra Kumar kidnapped her and
kept in the house of accused Monu @ Manoranjan. Thereafter, she
was subjected to rape by the accused Jitendra Kumar, Rupesh
Kumar and others.
Learned counsel for the petitioner submits that the
victim girl in her statement recorded under section 164 Cr.P.C. has
not named these petitioners rather she stated that she had
solemnized marriage with one Udai Shankar and expressed her
desire to live with him. He further submits that co-accused
Jitendra Kumar having similar allegation to that of the petitioners
has been granted bail by a bench of this court by order dated
2
2.8.2010 passed in Cr.Misc.No.24604 of 2010. The petitioners are
in custody since 22.5.2010.
Considering the facts and circumstances of the case,
the petitioners Rupesh Kumar and Monu @ Manoranjan @
Manoranjan Kumar are directed to be released on bail in
connection with Ahiyapur P.S. Case No.196 of 2010 on furnishing
bail bonds of Rs.5,000/- each with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate,
Muzaffarpur subject to the conditions that they will not absent
themselves in the court below for two consecutive dates till three
witnesses are examined in trial.
(S.P.Singh,J)
KHAN