Rajesh Bhagat @ Utwa @ Utawa v. The State Of Bihar

Patna High Court Cr.Misc. No.30689 of 2018 (2) dt.17-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30689 of 2018 Arising Out of PS.Case No. -128 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajesh Bhagat @ Utwa @ Utawa, son of Rudal Bhagat, resident of Village Hardiya, PS Raghunathpur O.P. (Turkauliya), District East Champaran at Motihari .... .... Petitioner/s

Versus

The State of Biha .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anjum Perveen For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad For the Informant : Mr. Karandeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-05-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody since 6.3.2018, seeks bail in Raghunathpur O.P. (Turkauliya) PS Case No. 128 of 2018 registered under Section 376 of the IPC and Sections 4 and 6 of the Pocso Act. It is submitted that due to village politics the petitioner has been falsely implicated in this case, the girl is disabled person 18 - 19 years of age as per Medical Board assessment and the allegation is that rape was committed but the report categorically indicates no injury on the body including the private part and hymen was found un-ruptured.

Having considered the said facts and circumstances, the petitioner, namely, Rajesh Bhagat @ Utwa @ Utawa is directed to 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 CJM Motihari, East Champaran in connection with Raghunathpur O.P. (Turkauliya) PS Case No. 128 of 2018. Snkumar/- (Arun Kumar, J) U T