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Patna High CourtCR. MISC./26582/2015bail granted

Sheo Kumar Prasad v. The State Of Bihar

2015-07-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26582 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Sheo Kumar Prasad Son of Ram Lakhan Prasad, Resident of VillageRewara, Police Station- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kishore Kumar Thakur For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 22.2.2015 in a case registered for the offences punishable under Sections 376/511 of the Indian Penal Code.

It is alleged that in July 2014 the informant went in the company of the petitioner to Gaya and stayed there for few days since he was in acquaintance of informant's husband and stayed at Gaya for few days. Thereafter, the informant escaped from the house where she was residing. Subsequently, the husband of the informant lodged a missing report. It is lastly alleged that on 9.2.2015, the petitioner came to the house of the informant and allegedly attempted to establish physical relationship with the informant.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.26582 of 2015 (2) dt.27-07-2015 2/2 that the accusation of making attempt to ravish was levelled much after the victim returned after residing with the petitioner for few days at Gaya which suggests the unreasonableness of the prosecution case. The investigation has already concluded. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner 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 learned CJM, Jehanabad in connection with Jehanabad P.S. Case No. 15 of 2015.

(Dinesh Kumar Singh, J) Anil/- U T