Sudarshan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29194 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ====================================================== Sudarshan Sah .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 354 and 376 of the Indian Penal Code.
The prosecution story, in brief, is that the informant happens to be an Aasha Karyakarta and she was going to her house from Govt. Hospital Kuchaikot. In the way, the petitioner intercepted her and finding her alone, threw on the ground and committed rape on her. On alarm, the petitioner brutally assaulted and she bit her on the arm and anyhow made her free from him. On behalf of the petitioner it has been submitted that the petitioner has been made accused due to mistake of fact. Further, it has been submitted that there is no medical report to support the allegation of the informant. The matter has been
Patna High Court Cr.Misc. No.29194 of 2015 (2) dt.28-07-2015 2/2 compromised between the parties. The petitioner has no criminal antecedent.
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, in the event of his arrest or surrender in the court below within a period of four weeks, 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 S.D.J.M., Gopalganj in connection with Gopalganj ( Mahila) P.S.Case No. 19/2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T