Patna High Court Cr.Misc. No.42452 of 2011 (2) dt.14-12-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42452 of 2011 ====================================================== Naresh Noniya Son of Late Ghuran Noniya,R/o village- Gobardhanpur, P.S.- Bakhtiyarpur, District- Saharsa .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Ataur Rahman, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 14-12-2011 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered under Sections 376 (g), 452 and other sections of the Indian Penal Code and section 27 of the Arms Act. Parmila Devi alleged that she was raped by six named accused persons including the petitioner and the petitioner opened fire which caused injury her too. According to the allegation, the petitioner’s wife was present at the time of occurrence. Submission is that the petitioner’s implication is on account of a case which was registered on 28.5.2011 i.e. before the occurrence under section 302 and some other sections of the Patna High Court Cr.Misc. No.42452 of 2011 (2) dt.14-12-2011 Indian Penal Code against the husband of the informant and others. It has also been submitted that no wife will allow her husband to commit rape and so the allegation is palpably false and that is the reason of non-submission of chargesheet under section 376 (g) of the Indian Penal Code against any of the accused persons. It has also been submitted that so far as section 307 IPC is concerned the injury was not on vital part and there was no repetition. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Saharsa in connection with Bakhtiyarpur (Balwahat) P.S. Case No. 154 of 2011. Avinash Kumar Sinha/- (Shyam Kishore Sharma, J.)