Satya Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48397 of 2019 Arising Out of PS. Case No.-23 Year-2013 Thana- MAHILA P.S. District- Saran ====================================================== SATYA PRAKASH Son of Radhe Shyam Baitha Resident of at of Green enclave, Kadama, Jamshedpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Mr. Subodh Kr. Jha For the Opposite Party/s :

Mr.Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 376, 313 and 506/34 of the Indian Penal Code.

The prosecution allegation in short is that the accused person entered into the house in the name of mechanic and committed rape on the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. After investigation, the police submitted final form against the petitioner. The Court below

Patna High Court CR. MISC. No.48397 of 2019(2) dt.02-08-2019 2/2 differed with the police report and took cognizance and hence the present application. There is no medical examination report in support of the allegations made by the informant. Due to previous enmity, the present case has been instituted. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned 1st Additional Sessions Judge, Saran at Chapra in connection with Mahila P.S. Case No. 23/2013. (Sudhir Singh, J) Pankaj/- U T