Patna High CourtCR. MISC./19164/2015bail granted

Jagdeo Prasad v. The State Of Bihar

2015-09-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19164 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Jagdeo Prasad son of Late Ram Dayal Prasad, resident of village Gopalpur, P.S. Bhagwanpur Hat, District Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.11.2014 for the offences instituted under Sections 376 of the Indian Penal Code.

The prosecution story, in brief, is that petitioner committed rape on the informant and also assaulted her in her house. On alarm, he fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2014. Chargesheet has been submitted in this case. Petitioner has got no criminal antecedent. From perusal of the statement made by the victim under Section 164 Cr. P.C., it will appear that there is specific allegation against Deonath as far as the petitioner is concerned, he had

Patna High Court Cr.Misc. No.19164 of 2015 (3) dt.02-09-2015 P2/2 reached the place of occurrence on Hulla raised by the victim. On behalf of the State it has been submitted that there is no allegation against the petitioner recorded under Section 164 of the Cr. P.C. by the victim girl.

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 Chief Judicial Magistrate, Siwan, District-Siwan in connection with Bhagwanpur Hat P.S. Case No. 155 of 2014.

(Sudhir Singh, J) Saif/- U T