Madho Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63620 of 2022 Arising Out of PS. Case No.-196 Year-2020 Thana- MANJHI District- Saran ====================================================== Madho Ram S/O Prabhu Ram @ Prabhu Nath Ram R/V- Dharhara, P.S.- Manjhi, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Manjhi P.S. Case No. 196 of 2020 registered under sections 341, 323, 504, 376 and 511 of the Indian Penal Code. The prosecution case as per F.I.R is that when the informant was grazing her she-goat, the petitioner came there and made an attempt to commit rape upon her. However, on her protest, the petitioner failed in her attempt and in retaliation, he assaulted the informant, as a result of which, she sustained injuries on her cheek,

Patna High Court CR. MISC. No.63620 of 2022(2) dt.21-02-2023 2/3 face, shoulder, teeth and nail.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The fact of the case is that, the she-goat of the informant was grazing the crop of the petitioner, as a result of which a panchayati was held where the informant was told to make payment to the petitioner due to damage of the she-goat of the informant. Hence, as a retaliatory measure, the present false accusation has been levelled against the petitioner. Moreover, for the alleged occurrence of 19.07.2020, the F.I.R was registered on 23.07.2020 without explaining the delay. The injury report of the informant also suggests the injuries to be simple in nature and it does not suggest any recent sexual assault upon the informant who is a married lady aged about 35 years. The petitioner is a student of intermediate aged about 23 years and incarcerating him in judicial custody will hamper the future career of the petitioner. The

Patna High Court CR. MISC. No.63620 of 2022(2) dt.21-02-2023 3/3 petitioner is languishing in custody since 23.08.2022 and does not have any criminal antecedent.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Manjhi P.S. Case No. 196 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Chapra, District- Saran.

(Sunil Kumar Panwar, J) shubham/- U T