Patna High CourtCR. MISC./11956/2023bail granted

Singhasan Ram v. The State Of Bihar

2023-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11956 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- VALMIKINAGAR District- West Champaran ====================================================== SINGHASAN RAM, Son of Late Dilchan Ram R/V- Shivnaha P.SValmikinagar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Valmikinagar P.S. Case No. 96 of 2022 for the offence registered under Sections 376 of the I.P.C.

As per the prosecution case, allegation against the petitioner is that he has committed rape upon the minor daughter of the informant when she has gone to graze her cattle. Learned counsel for the petitioner submits that petitioner is aged about 74 years, who has been falsely implicated in this case due to previous enmity. The alleged occurrence took place on 18.09.2022 however, FIR has been lodged on 29.09.2022. He further submits that the petitioner

Patna High Court CR. MISC. No.11956 of 2023(2) dt.15-05-2023 2/2 surrendered before the Court and is in judicial custody since 12.10.2022. As per the medical report also no sign of rape has been found on the victim girl hence no offence under Section 376 is made out against the petitioner. He has no criminal antecedent.

Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the submissions on behalf of the parties, the age of the petitioner as well as the medical report of the victim, let the petitioner, named above, be enlarged 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 A.C.J.M. 1st, Bagaha, West Champaran in Valmikinagar P.S. Case No. 96 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T