Govind Ram @ Govinda Dom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5871 of 2018 Arising Out of PS.Case No. -109 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Govind Ram @ Govinda Dom, S/o Lali Dom @ Lali Ram, R/o VillageDharhara, P.S.- Ara, Nagar, District- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 15.01.2017 in connection with Mahila P.S. Case No.109 of 2015 registered for the offence under Section 376(D) of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegation is false and mischievous and the medical report which has come in the case diary belies the prosecution case. It is further submitted that other persons, who were taken into custody, have been enlarged on bail by the Juvenile Justice Board itself. The petitioner is also not having any criminal antecedent.
Diary in this case was called for, which has since
Patna High Court Cr.Misc. No.5871 of 2018 (3) dt.21-02-2018 2/2 been received.
After perusal of the case diary, learned counsel appearing on behalf of the State submits that the medical report does not indicate clearly as to whether there was any act of rape on the victim lady. There is also no statement under Section 164 Cr.P.C. on record.
Taking into consideration such facts and circumstances and that the petitioner has already been in custody for more than one year, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Mahila P.S. Case No.109 of 2015. (Anjana Mishra, J) PNM U T