Patna High CourtCR. MISC./37935/2015bail granted

Ramsharan Diswa v. The State Of Bihar

2015-11-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37935 of 2015 Arising Out of PS.Case No. -4 Year- 2014 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ramsharan Diswa Son of Chandradeo Diswa resident of Dhumli Pipara, P.S. Matiyariya, District - West Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey For the Opposite Party : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 16.06.2015 in a case instituted under Sections 420, 376, 315 and 316 of the Indian Penal Code.

As per prosecution case, it is a case of rape committed upon the victim girl, namely, Sima Kumari by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. As per the allegation, on the false assurance given by

Patna High Court Cr.Misc. No.37935 of 2015 (3) dt.03-11-2015 the petitioner to marry the victim, he committed rape upon her and later on he refused to marry her. The allegation of abortion is an imaginary story and the same has got no medical proof. The informant is a lady of easy virtue. The other co-accuse Mosmat Dipani has been granted anticipatory bail by this Court vide Cr.Misc.No.29249 of 2014 and other co-accused has been granted regular bail by this Court vide Cr.Misc.No.30975 of 2014. The petitioner is an employee in the Railways.

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 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, Bettiah, West Champaran in connection with Matiyariya P.S.Case No.04 of 2014.

(Sudhir Singh, J) B.Kr./- U T