Saini Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50281 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -LAKHNAUR District- MADHUBANI ====================================================== Saini Ram son of Late Raudi Ram, resident of village Maibi, P.S. Lakhanaur, District- Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 376, 313, 120(B) of the Indian Penal Code and Section 6 of POCSO Act.

The allegation against the petitioner is of committing rape upon the daughter of the informant taking advantage of her dumbness.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The present case has been instituted after two months of the alleged occurrence. From

Patna High Court Cr.Misc. No.50281 of 2016 (3) dt.16-01-2017 2/2 perusal of the order of the Sessions Court, it is evident that the matter has already been compromised between the parties. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned 1st Additional Sessions Judge, Madhubani in connection Lakhnaur P.S. Case No. 42 of 2016.

(Sudhir Singh, J.) Amit/- U T