Patna High CourtCR. MISC./52462/2016bail granted

Sahdeo Sadai v. The State Of Bihar

2017-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52462 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Sahdeo Sadai Son of Devi Lal Sadai, Resident of Village- Brahamotra, Dhata Tole, P.S.- Laukhaha (Lalmaniya O.P.), District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 342, 323, 376/34 of the I.P.C. and Section 4 of the POCSO Act.

Allegation is that the petitioner and one other coaccused committed rape with the informant in bush. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.9.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The allegations made in the F.I.R. are not supported from the medical examination report. The alleged date of occurrence is 23.9.2015 but the F.I.R. was

Patna High Court Cr.Misc. No.52462 of 2016 (4) dt.18-01-2017 2/2 instituted on 8.10.2015. Delay of 15 days has not been explained by the prosecution. The witnesses in paragraphs 55 and 56 of the case diary have not supported the prosecution case. The other coaccused has been granted bail vide Cr.Misc.No.44318 of 2016. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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) Narendra/- U T