Patna High CourtCR. MISC./14892/2015bail granted

Parshuram Mandal v. The State Of Bihar

2015-04-10Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.14892 of 2015 (2) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14892 of 2015 Arising Out of PS.Case No. -562 Year- 2014 Thana - RASALPUR (KAHALGAON) DistrictBHAGALPUR ======================================================

1. Parshuram Mandal Son of Late Chaudhary Mandal .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Originally, the case was registered under Sections 354 B/506 of the Indian Penal Code but it appears from the impugned order that subsequently, Section 376 of the Indian Penal Code was also added.

According to prosecution case itself, the alleged occurrence took place on 06.12.2014 at 06:00 PM and just after the alleged occurrence, the informant's husband came there and thereafter the petitioner ran away. It is also an admitted position that on 09.12.2014 i.e. after three days of the alleged occurrence, the informant gave written report to officer in charge of concerned police station but in written report she, nowhere, stated that she

Patna High Court Cr.Misc. No.14892 of 2015 (2) dt.10-04-2015 was raped by the petitioner rather she only stated that petitioner tried to catch her. However, the statement of informant was recorded on 12.12.2014 under Section 164 of the Cr.P.C. and in the aforesaid statement, she stated the story of rape. The contention on behalf of the petitioner is that informant, later on, developed the story of rape under the influence of her husband as well as enemies of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Rasalpur (Kahalgaon) P.S. Case No. 562 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T