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Patna High CourtCR. MISC./26611/2018bail granted

Manoj Singh v. The State Of Bihar

2018-05-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26611 of 2018 Arising Out of PS. Case No.-112 Year-2017 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Manoj Singh, son of Upendra Singh, Resident of Village - Mow Dhaneshpur Dakshin, P.S.- Vidyapati Nagar, District- Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Deepak Kumar Singh, Advocate For the Opposite Party/s :

Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2018 Heard Sri Deepak Kumar Singh, learned counsel for the petitioner and Sri Bharat Lal, learned Additional Public Prosecutor.

The sole petitioner, who is in custody in connection with Vidyapati Nagar P.S. Case No. 112 of 2017, registered for the offences under Sections 323, 341, 354, 376, 452, 504, 506 of the Indian Penal Code, 1860, has prayed for grant of bail. Learned counsel for the petitioner at the very outset submits that from perusal of the F.I.R. itself it appears that a false case was concocted and this was the reason that though in the fardbyan it was alleged that occurrence had taken place on 7.10.2017, F.I.R. was lodged much belatedly on 12.10.2017. He further submits that though it was alleged that victim was

Patna High Court Cr.Misc. No.26611 of 2018(3) dt.04-05-2018 2/2 raped, during medical examination no sign was noticed as to whether she was raped or not.

Learned Additional Public Prosecutor has opposed the prayer for bail, however, after perusing F.I.R. as well as considering the nature of accusation, I am of the view that it is a fit case for passing favourable order.

Accordingly, let the petitioner Manoj Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, Dalsingsarai, District - Samastipur / concerned court in connection with Vidayapati Nagar P.S. Case No. 112 of 2017.

(Rakesh Kumar, J) praful/- U T