Ram Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71374 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- SAHAR District- Bhojpur ====================================================== Ram Kumar Ram Son of Ram Dular Ram Resident of Village/MohallaMadhopur,P.S. Sahar,Distt.-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Anant Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sahar P.S. Case No. 184 of 2018 instituted for the offence under Section 376(2)(L) of the Indian Penal Code.

Counsel for the petitioner submits that petitioner has been implicated in the case due to enmity. The father of petitioner has filed informatory petition on 30.6.1999 in the court of Sub Divisional Judicial Magistrate, Sadar Ara, Bhojpur, against father of the informant and others with regard to drain situated in front of the house of petitioner.

The informant alleged in the written report that he had gone outside the village for work. He returned to his house in the evening. He learnt that petitioner after entering into his house forcibly shut the mouth of his daughter and attempted to commit illegal act with her. In the meantime co-villager Rekha Devi came

Patna High Court Cr.Misc. No.71374 of 2018(3) dt.20-12-2018 2/2 and found the petitioner in objectionable position. The statement of victim girl recorded under Section 164 Cr. P.C. is available in the case diary wherein she has stated her age as 20 years. The court has assessed her age to be 20 years. She has stated in her statement recorded under Section 164 Cr. P.C. that petitioner came and shut her mouth. He did not allow her to raise hulla and came over her.

The girl has been medically examined. The Doctor has found no injury on her private part.

Petitioner is in custody since 28.7.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 learned Chief Judicial Magistrate, Bhojpur, Arrah, in connection with Sahar P.S. Case No. 184 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T