Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25036 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Mithilesh Kumar Son of Bhola Yadav resident of village - Haripur Kala, P.S. - Bhargama, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State.

The petitioner is in custody in a case registered under Section 376 of the Indian Penal Code.

The prosecution case, in brief, is that on 25.02.2015 at about 7.30 hour while the informant was alone in her house, the petitioner committed rape on her after tying her mouth and hands. After an hour when her husband came he found her in unconscious position. The matter was reported to the Sarpanch and he advised them to go to Araria Mahila P.S. and on the basis of information furnished by the victim Araria Mahila P.S Case No. 09 of 2015 has been instituted.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.25036 of 2015 (2) dt.21-07-2015 petitioner is in custody since 28.02.2015 and charge sheet has been submitted in this case. It is further submitted that the petitioner has got no criminal antecedents. From perusal of Annexure-2 it appears that the Doctor has found no sign of rape upon the victim. On behalf of the State it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned S.D.J.M., Araria in connection with Araria Mahila P.S. Case No. 09 of 2015.

(Sudhir Singh, J) Chandran U T