Ramavadh @ Ramawadh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71201 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Ramavadh @ Ramawadh Ram Son of Bhikhhi Ram Village- Daridih PsNagsar Halt Dist- Ghazipur State- U.P ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navnit Kumar For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Durgawati P.S. Case No. 109/2024 as well as Sessions Trial No. 207/2024 dated 29.04.2024 registered for the offence punishable u/s 376D of the Indian Penal Code.
3. As per the prosecution case, the co-accused, Manman Ram and an unknown miscreant are alleged to have committed rape on the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of
Patna High Court CR. MISC. No.71201 of 2024(4) dt.18-03-2025 2/3 the petitioner has sprung up in the confessional statement of the co-accused, Manman Ram. Learned counsel has submitted that the medical examination report of the victim has not supported the occurrence of rape and no external or internal injury was found. The victim is a major girl aged about 45 years. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner in his confessional statement has admitted that he along with the co-accused person has committed rape on the victim.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Session Judge 1st cum Special Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 109/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.71201 of 2024(4) dt.18-03-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T