Sakhichand Paswan @ Sakhichan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9777 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Sakhichand Paswan @ Sakhichan Paswan S/o Chamroo Paswan Resident of Village - Maniyarchak, P.S. - Muffasil, Dist - Munger. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhananjay Kumar Tiwary For the Opposite Party : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2015 Petitioner is languishing in custody since 28.09.2014 in a case registered for the offences punishable under Section 376 of the I.P.C.

It is alleged against the petitioner that petitioner established forceful physical relationship with the informant after dragging her to the bushes.

It is submitted by learned counsel for the petitioner that for the occurrence of 23.09.2014 the First Information Report was registered on 26.09.2014 and on the same day the victim was examined by the doctor but the medical opinion does not suggest the commission of rape. The victim was found seventeen years of age.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that specific case of the

Patna High Court Cr.Misc. No.9777 of 2015 (2) dt.17-03-2015 2/2 informant is that she was being dragged before rape but the medical report even does not suggest any dragging injury, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sadar, Munger in connection with Muffasil P.S. Case No. 183 of 2014.

(Dinesh Kumar Singh, J) Shageer/- U T