Ramu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4680 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramu Sharma son of Late Budhan Sharma, resident of village- Mehadi, P.S.- Chautarwa, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sharma For the Opposite Party/s : Mr. Ambika Bhagat(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against the petitioner is that he having entered into the house of informant removed her clothes with intention to commit rape on her and furthermore, prior to the aforesaid occurrence the petitioner raped the informant thrice but the first information report was lodged under Section 376 read with Section 511 of the Indian Penal Code as well as Section 3(1) (X11) of S.C./S.T. (Prevention of Atrocities) Act. Contention on behalf of the petitioner is that the present case has been lodged with mala fide intention and as a matter of fact, after institution of the present case, the informant

Patna High Court Cr.Misc. No.4680 of 2016 (2) dt.11-02-2016 2/2 entered into compromise but again she retreated from the aforesaid compromise. It is further submitted by him that petitioner is in jail custody since 02.11.2015 and the investigation of the present case is almost on the verge of conclusion.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 172 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T