High Court Patna High Court - Orders

Tantan Kumar vs State Of Bihar on 15 June, 2010

Patna High Court – Orders
Tantan Kumar vs State Of Bihar on 15 June, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.20262 of 2010
                     Tantan Kumar, son of Dispatch Vishwakarma, resident
                     of Village- Karpuri Nagar (Ramgradh) Jehanabad, P.S.
                     District-Jehanabad. ...............................Petitioner.
                                                    Versus
                     The State of Bihar. .........................Opposite Party.
                                                 -----------

2. 15. 06. 2010. Heard the parties.

In a criminal prosecution for offences under Sections

448, 376, 511 of the Indian Penal Code, the petitioner and his

mother Sheela Devi are alleged to have entered inside the house of

the informant and thereafter, there is allegation of attempting to

commit rape upon the informant.

It is submitted on behalf of the petitioner that manner of

occurrence as disclosed in the F.I.R. seems to be highly unbelievable

and admittedly offence of rape has not been committed. The

petitioner is in judicial custody since 05. 05. 2010.

In the facts and circumstances of the case, the above

named petitioner is directed to be released on bail in connection with

Jehanabad P.S. Case No. 237/2010, on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to

the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject

to condition;

(a) that one of the bailors must be Govt.

servant or close family member of the

petitioner, who will file an affidavit in

the court below showing his/her

relationship with the petitioner.

           m.p.                                 ( Birendra Prasad Verma, J.)