Patna High CourtCR. MISC./42071/2014bail granted

Lalan @ Sonu v. The State Of Bihar

2015-02-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42071 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lalan @ Sonu S/o - Arbind Prasad Resident of Village - Bhawanipur. P.S. - Sangrampur Distt - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2015 Heard both sides.

The petitioner seeks bail in Sangrampur P.S. Case No. 25 of 2014, registered for the offences punishable under Sections 366(A), 376, 511, 323, 324, 307 and 34 of the Indian Penal Code.

The victim herself alleged that the petitioner Lalan @ Sonu and one another boy came and forcibly took her in a field. She further alleged that both the accused assaulted her with a knife and also made an attempt to commit rape with her. Learned counsel for the petitioner submits that the petitioner is innocent. The victim was in love with the petitioner as it would appear from Annexure-2 series of the bail petition. The

Patna High Court Cr.Misc. No.42071 of 2014 (3) dt.09-02-2015 victim did not make any specific allegation of assault against the petitioner. The petitioner is in jail since 06.03.2014. It appears that the victim made allegation against the petitioner and one another accused about an attempt to commit rape. Three injuries are found on the body of the victim and all the injuries are simple in nature. The petitioner is in jail for about 11 months.

Considering the facts aforesaid, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with of Sri S.K. Mishra, the learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 25 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T