Patna High CourtCR. MISC./62350/2018bail granted

Bhim Thakur v. The State Of Bihar

2018-11-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62350 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- MAHILA PS District- Gopalganj ====================================================== Bhim Thakur, S/o Suresh Thakur, R/o Vill.- Shukdeo Patti, P.S.- Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar, Advocate For the Opposite Party/s :

Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Gopalganj Mahila P.S. Case No. 13 of 2018, instituted for the offences under Sections 376, (2)/34 of the Indian Penal Code and Sections 3,6,8 and 17 of POCSO Act.

It has been submitted that petitioner has falsely been implicated in this case due to land dispute. This fact also find mentioned in paragraph 48 of the case diary.

Learned counsel for the petitioner submits that no time of occurrence has been stated in the FIR. The occurrence is said to have taken place on 16.03.2018 and FIR has been lodged on 18.03.2018 after delay of two days without any explanation of such delay. The victim was medically examined on

Patna High Court Cr.Misc. No.62350 of 2018(3) dt.20-11-2018 2/2 19.03.2018. The doctor has found no injury of sexual assault on private part.

In the written report, the informant has alleged that while she was returning to her house after appearing in the examination, Sangita Kumari took her in her house and locked the room from outside. The petitioner was present in the room and committed rape with her. The doctor has found no injury of sexual assault on her private part.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail 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 the learned Additional District & Sessions Judge, 1st Gopalganj, in connection with Gopalganj Mahila P.S. Case No. 13 of 2018. Both the bailors will be close relative of petitioner.

(Sanjay Priya, J) khushbu/- U T