Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36031 of 2014 Arising Out of PS.Case No. -169 Year- 2014 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Pawan Kumar S/o Late Rambabu Rai R/o Village Mahdipur, P.S. Gaurichak, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Murari Mishra For the Opposite Party : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Petitioner is languishing in custody since 16.06.2014 in a case registered for the offences punishable under Section 376 of the I.P.C.

It is alleged that informant was married to one Pawan Manjhi two months prior to the occurrence but her husband was not of her liking, hence she left the house. In the meantime, the petitioner being driver of a van given lift and established forceful physical relationship.

It is submitted by learned counsel for the petitioner that on the same day the informant was subjected to medical examination where no positive finding with regard to commission of rape was found.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the

Patna High Court Cr.Misc. No.36031 of 2014 (3) dt.13-01-2015 2/2 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 Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 169 of 2014.

(Dinesh Kumar Singh, J) Shageer/- U T