Bhola Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29505 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhola Ram, Son of Deo Dhari Ram, Resident of Village- Mananpur, Harizan Toli, P.O. + P.S.- Govindganj, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 452, 376, 511 and 304 of the Indian Penal Code. Allegation against the petitioner is that he tried to commit rape with wife of the informant.

It has been submitted on behalf of the petitioner that he is in custody since 4.3.2016. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. Allegation is of attempt to commit rape. After four days of the alleged occurrence the victim is said to have died. There is no external or internal injury found on the body of the deceased as per the post mortem examination report. After investigation Chargesheet has been submitted under Section 304 of the Indian Penal Code along with allied sections. The viscera report does not indicate that it is a case of poisoning. In paras-29 and 32 of the case diary it has been stated that the deceased died due to illness.

On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.29505 of 2016 (4) dt.20-09-2016 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Motihari, in connection with Govindganj P.S. Case no. 62 of 2016.

The Forensic Science Laboratory report has been received. The same may be returned to the Director, Forensic Science Laboratory, Muzaffarpur, under the sealed cover. (Sudhir Singh, J) sudip/- U T