Patna High CourtCR. MISC./30898/2016bail granted

Jagat Sah v. The State Of Bihar

2016-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30898 of 2016 Arising Out of PS.Case No. -480 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Jagat Sah son of Gurkal Sah Resident of village -Patiyasa,, P.S. - Ahiyapur, District-Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Kishore Thakur, For the Opposite Party : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Ahiyapur P.S. Case No. 480 of 2015 for the offences instituted under Sections 341, 448, 323 and 376/511 of the Indian Penal Code.

There is allegation against the petitioner for committing rape upon the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.06.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.30898 of 2016 (3) dt.14-09-2016 2/2 been implicated in the present case. There is admitted land dispute between the parties. The allegations made in the First Information Report are denied by the petitioner. The children of the victim were also at the place of occurrence but they have not been examined by the Investigating Officer.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

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, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 480 of 2015.

(Sudhir Singh, J.) Amit/- U T