Lalan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72108 of 2018 Arising Out of PS. Case No.-4 Year-2016 Thana- BAJPATTI District- Sitamarhi ====================================================== Lalan Das son of Ramswaroop Das @ Ram Swarup Das, resident of VillageRampur Parori, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bajpatti P.S. Case No. 04/2016, instituted for offences under Section(s) 376/34 of the Indian Penal Code.

It is alleged in the written report that on the pretext of performing marriage petitioner used to establish physical relationship with informant since September, 2015 but finally he refused to marry with informant.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged after delay of one year, i.e. in the year 2016. It is further submitted that girl was medically examined. Copy of medical report is annexed as Annexure- 2. Medical Board has stated that it is difficult to say whether rape has been

Patna High Court Cr.Misc. No.72108 of 2018(2) dt.06-12-2018 2/2 occurred or not.

Petitioner is in custody since 28.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 S.D.J.M., Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 04/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T