Shankar Kumar v. The State Of Bihar

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 13-07-2012 During course of the day, learned counsel for the petitioners is permitted to make necessary correction in paragraph – 1 and prayer portion of the petition about commitment of the case and on going trial. Supplementary affidavit has been filed. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. Both the petitioners, who are languishing in custody, seek bail in a case registered under Sections 376/34 of the Indian Penal Code, are named accused in this case of gang rape committed upon the informant and they are facing trial. Submission is of false implication under some confusion which is also evident from the statement of the victim recorded during trial since she has clearly denied the petitioners being the culprits. If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge, F.T. C. – 1st, Bhagalpur, in connection with Sessions Trial 2 Patna High Court Cr.Misc. No.3336 of 2012 (5) dt.13-07-2012 No. 324/2012 arising out of Kotwali (Tatarpur) P.S. Case No. 529/2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)