Patna High CourtCR. MISC./25112/2015bail granted

Sourabh Mehta @ Sourabh Kumar v. The State Of Bihar

2015-07-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25112 of 2015 Arising Out of PS.Case No. -379 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sourabh Mehta @ Sourabh Kumar S/o Bishun lal Mehta Resident of Village Pachhiyari Jhirwa, P.S. Simraha, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha,Adv For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State.

The petitioner is in custody in a case registered under Sections 448/376 of the Indian Penal Code. The prosecution case, in brief, is that the informant has gave a written report before the S.H.O. of Simraha P.S. alleging that in the night of 03.07.2014 while sleeping alone in her house the petitioner entered in her house and committed rape on her on the point of knife. On the basis of the written report Forbesganj P.S. Case No. 379 of 2014 has been instituted.

It is submitted on behalf of the petitioner that the petitioner is in custody since 21.04.2015. It is further pointed out that the alleged date of occurrence as per the FIR is

Patna High Court Cr.Misc. No.25112 of 2015 (2) dt.21-07-2015 03.07.2014, but the same was instituted on 09.08.2014 after a delay of more than one month, for which no explanation has been given on behalf of the prosecution.

On behalf of the State it has been submitted that the petitioner is named in the FIR.

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, Araria, in connection with Forbesganj P.S. Case No. 379 of 2014.

(Sudhir Singh, J) Chandran U T