Patna High CourtCR. MISC./44207/2015bail granted

Mintu Miyan @ Pintu Miya v. The State Of Bihar

2015-12-01Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.44207 of 2015 (3) dt.01-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44207 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -KACHHAWA District- SASARAM (ROHTAS) ====================================================== Mintu Miyan @ Pintu Miya son of Munna Miya, Resident of VillageKaithi, P.S.- Kachhawa, District- Rohtas (Bihar) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Malay Kumar Choudhary For the Opposite Party : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 18.06.2015 in a case instituted under Sections 376, 354 and 504 of the Indian Penal Code.

As per prosecution case, the informant Puja Devi had filed a written report stating therein that in the night of 16.04.2015 accused entered in her house and committed rape upon her and when villagers arrived, he fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal

Patna High Court Cr.Misc. No.44207 of 2015 (3) dt.01-12-2015 antecedent.

From perusal of para 36 of the case diary, it would appear that the doctor has found no spermatozoa. The medical report does not support the allegations made in the FIR. It is further submitted that the petitioner may be released after completion of six months in custody from 18.06.2015. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of six months in custody from 18.06.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned Judicial Magistrate, Ist Class, Bikramganj (Rohtas) in connection with Kachhawan P.S.Case No.23 of 2015.

(Sudhir Singh, J) B.Kr./- U T