Kundan Kumar @ Kundan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46127 of 2014 Arising Out of PS.Case No. -9 Year- 2013 Thana -MAHILA PS District- GOPALGANJ ====================================================== Kundan Kumar @ Kundan Manjhi S/o Brijhan Manjhi @ Brijan Manjhi Resident of Village - Ramnaresh Nagar, P.S. Gopalganj, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Mishra,Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.09.2014 in connection with Gopalganj (Mahila) P.S. Case No. 9 of 2013 for the alleged offences under Section 376 IPC.

3. It is submitted that the petitioner has been falsely implicated as in the FIR the informant has made Chandan Kumar as the perpetrator of the offence.

4. The medical report recorded in para 28 of the case diary discloses that there is no evidence of sexual assault.

5. Having regard to the entirety of the facts and circumstances, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.46127 of 2014 (3) dt.04-02-2015 furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Mahila) P.S. Case No. 9 of 2013 with the condition that he petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T