Dharmendra Kumar @ Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18752 of 2018 Arising Out of PS.Case No. -739 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Dharmendra Kumar @ Dharmendra Rai, son of Hardeo Rai, Resident of Village - Hilalpur, P.S. - Hajipur Industrial Area, Dist - Hazipur, Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Sri Manoj Kumar-1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 23.10.2017 in connection with Hajipur Town P.S. Case No.739 of 2017 registered for the offence under Sections 366(a), 376(D)/34 of the Indian Penal Code and Section 4 of the POCSO Act. Learned counsel for the petitioner submits that though the petitioner is said to have been named in the F.I.R., yet in the statement made before the Magistrate under Section 164 Cr.P.C., the petitioner has not been named by the victim/informant. It is further submitted that the medical report, which has come in the case diary, also does not indicate rape and only the age of the victim has been disclosed in the said

Patna High Court Cr.Misc. No.18752 of 2018 (3) dt.26-04-2018 2/2 medical report. It is on the basis of such materials, the petitioner has been put behind bars for over six months. Considering the vague nature of the allegations, which stand testified by the victim in her statement made under Section 164 Cr.P.C. and also there being no clear medical report annexed with the case diary, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No.739 of 2017.

(Anjana Mishra, J) PNM U T