Patna High CourtCR. MISC./44318/2016bail granted

Raj Deo Sadai v. The State Of Bihar

2016-10-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44318 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Raj Deo Sadai Son of Domi Sadai, resident of Village- Braham Totar Dhatta Tole, P.S.- Laukaha, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 342,323, 376, 34 of the Indian Penal Code and 4 POCSO Act.

The allegation against the petitioner and other coaccused is that they committed rape on the informant, namely, Vibha Kumari, aged about 15 years.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2016. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation made in the FIR is not supported by the medical examination report,Annexure 3 to

Patna High Court Cr.Misc. No.44318 of 2016 (2) dt.19-10-2016 2/2 the present application. The alleged date of occurrence is 23.09.2015 but the FIR was instituted on 08.10.2015.Delay of fifteen days has not been explained by the prosecution. The witnesses in paras 55 and 56 of the case diary have not supported the prosecution case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released 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 Additional Sessions Judge- 1st, Madhubani in connection with Mahila P.S.Case No. 80 of 2015.

(Sudhir Singh, J) singh/- U T