Leela Nand Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58909 of 2017 Arising Out of PS. Case No.-157 Year-2015 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Leela Nand Mahaldar, Son of Jagdish Mahaldar, resident of village Khutti Hasaili P.S. K. Nagar (Sri Nagar), P.S. District Purnea. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh kumar For the Opposite Party/s :
Mr. SRI SANJAY KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with K.Nagar (Sri Nagar P. S. Case no. 157 of 2015 giving rise to Sessions Trial No. 308 of 2017) registered for the offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape upon the victim(informant) when his husband had gone to purchase fish from market on 22.03.2015 at 4 A.M. It has been alleged by informant that FIR was not registered by the police and thereafter she filed a complaint case in the court of C.J.M. Purnea, who referred the matter under Section 156(3) of the Code of Criminal Procedure to the concerned police station for instituting case under Sections 376
Patna High Court Cr.Misc. No.58909 of 2017(2) dt.15-01-2018 2/2 and 325 of the Indian Penal Code. Informant was examined by the medical officer and no mark of violence on any part of the body of the informant including private part was found. No spermatozoa was also found. The medical officer did not found any evidence of rape but it has been observed that possibility could not be ruled out. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Purnea, in connection with K. Nagar (Sri Nagar P.S. case no.157 of 2015 giving rise to Sessions Trial No. 308 of 2017). (S. Kumar, J) sudip/- U T