Patna High CourtCR. MISC./43421/2015bail granted

Ram Chhabila Chaudhary v. The State Of Bihar

2015-12-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43421 of 2015 Arising Out of PS.Case No. -372 Year- 2013 Thana -PUPRI District- SITAMARHI ======================================================

1. Ram Chhabila Chaudhary Son of late Kishore Chaudhary Resident of Village- Barari Behta ,P.s Pupri District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 448, 376 and 506 of the Indian Penal Code. There is accusation against the petitioner that he committed rape on the informant but submission on behalf of the petitioner is that the informant herself has disclosed her age as 80 years. As a matter of fact, the petitioner is cousin grand son of the informant. It is further submitted by him that there was land dispute between the agnates and the petitioner and the agnates set up the informant and got instituted this false case. It is further submitted that in medical examination, the doctor found the victim aged about more than 70 years old and no sign of rape was found

Patna High Court Cr.Misc. No.43421 of 2015 (3) dt.21-12-2015 2/2 on the informant. It is further submitted that so far Forensic Science laboratory report in respect of clothes is concerned, same has not yet been received and the petitioner is in jail custody since 01.06.2015 in a case which has been lodged with intent to put pressure upon the petitioner so that the petitioner could relinquish his right in respect of the property.

Considering the facts and circumstances of the case as well as submission of the parties, let above named petitioner 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 S.D.J.M., Pupri, Sitamarhi in Pupri P.S.Case No.372 of 2013.

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