Patwari Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35133 of 2019 Arising Out of PS. Case No.-54 Year-2018 Thana- MAHILA PS District- Katihar ====================================================== PATWARI HANSDA Son of Late Chunnu Hansda Resident of Village - Hariyavir (Bishanpur), P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Mahila P.S. Case No. 54 of 2018 registered under Sections 376 and 323/34 of the I.P.C.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case. The victim girl is major. Further submission is that it would appear from the F.I.R. itself that the informant did not protest the alleged incident. The victim made physical relation with the petitioner for a period of one year. As such, the offence of under section 376 of the I.P.C. is not made out. It is also submitted that petitioner is in custody since 21.01.2019. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.35133 of 2019(3) dt.13-09-2019 2/2 the case, 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 S.D.J.M., Katihar in connection with Mahila P.S. Case No. 54 of 2018. (Arvind Srivastava, J) shailendra/- U T