Patna High CourtCR. MISC./36286/2015bail granted

Ashok Ram v. The State Of Bihar

2015-10-05Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.36286 of 2015 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36286 of 2015 Arising Out of PS.Case No. -31 Year- 2013 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Ashok Ram S/o Late Ramjee Ram resident of village - Neknampur, P.S. Deoria, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Diwakar Prasad Karn For the Opposite Party : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 22.12.2014 in a case instituted under Section 376 of the Indian Penal Code. It is alleged by the informant that on 08.02.2013, her modesty was outraged by the petitioner in absence of her husband. It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent. He is in custody since 22.12.2014. Chargesheet has been submitted in the case. The alleged occurrence is said to have taken place on 08.02.2013 but the case was instituted on 20.04.2013.

There is no explanation on behalf of the prosecution in respect to delay in institution of the case. From para-44 of the case

Patna High Court Cr.Misc. No.36286 of 2015 (3) dt.05-10-2015 diary, it would appear that the victim was taken for medical examination but she refused to get herself examined which cast serious doubt against the prosecution.

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

Considering the aforesaid facts, let the 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 7th Additional Sessions Judge, Muzaffarpur in connection with Deoria P.S.Case No.31 of 2013 (Sessions Trial No.54 of 2015).

(Sudhir Singh, J) B.Kr./- U T