Ramashish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34304 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== RAMASHISH MAHTO Son of Late Jagdish Prasad Resident of Village - Bara Bigha, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Mahila P. S. Case No. 17 of 2019 instituted for the offence under Section(s) 376, 504 and 506 of the Indian Penal Code.

In the written report, it is alleged that on 18.2.2019 at 4PM while the informant along with her gotani had gone to pluck Saag, the petitioner started abusing them on account of which Gotani of informant fled away and informant fell down and thereafter the petitioner forcibly committed rape with informant.

Learned counsel for petitioner submits that occurrence had taken place at 4 pm in the evening in the open field where several persons were working, so there was no question of

Patna High Court CR. MISC. No.34304 of 2019(3) dt.28-06-2019 2/2 committing rape upon the informant. It is further submitted that occurrence had taken place on 18.2.2019 whereas the FIR has been lodged on 22.2.2019 after delay of four days. Learned counsel further submits that victim was medically examined on the alleged date of occurrence i.e. on 22.2.2019 and the doctor has found no any evidence of recent sexual intercourse. Learned counsel for informant has appeared and opposed the prayer for bail He submits that victim girl has also supported her case in statement recorded under Section 164 Cr.P.C.

Petitioner is in custody since 23.2.2019 having no criminal antecedent..

Considering the aforesaid, let 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 the CJM Nalanda at Biharsharif, in connection with Mahila P. S. Case No. 17 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T