Prabhash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40888 of 2015 Arising Out of PS.Case No. -369 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ====================================================== Prabhash Mahto Son of Adhik Lal Mahto Resident of Village - Maheshamunda Bind Toli, Police Station - Kahalgaon, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 376 and 506 of the Indian Penal Code. Allegation against the petitioner is to have committed rape upon the informant.

It has been submitted on behalf of the petitioner that he is in custody since 14.6.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. As per prosecution case, though the alleged occurrence is said to have taken place in the maize field, the investigating officer has examined the place of occurrence and has not given any positive finding whether the alleged occurrence had taken place at the alleged place of occurrence, which is evident from para-11 of the case diary. The doctor, who is said to have examined the victim, has also not given any positive finding in respect to rape being committed upon the victim, which is evident from Annexure-2 to the present application. It is further submitted

Patna High Court Cr.Misc. No.40888 of 2015 (3) dt.29-10-2015 2 / 2 that petitioner may be released after completion of six months in custody from 14.6.2015.

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 above named petitioner be released on bail after completion of six months in custody from 14.6.2015 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge, Bhagalpur , in connection with S.T. no. 439 of 2014/Tr. No. 63 of 2015 arising out of Kahalgaon P.S. Case no. 369 of 2014. (Sudhir Singh, J) sudip/- U T