IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr Misc No 5062 of 2011
Vikram Yadav, son of Jageshwar Yadav, resident of village -
Ganjbhag, P S - Simraha, District - Araria - Petitioner
Versus
The State of Bihar - Opposite Party
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2 09.03.2011 The petitioner is in custody in relation to Forbesganj
(Simraha) Police Station Case No 248 of 2010 instituted under Section
376 of Indian Penal Code. Learned counsel for the petitioner points out
that he has been falsely implicated in this case and no such incident took
place. Attention of this Court is drawn to the averments first made in the
first information report wherein it is stated that the petitioner brutally
ravished her in presence of her children and she fell unconscious. She
regained consciousness only in the morning when the husband returned
from irrigating the agricultural field. Before being ravished and falling
unconscious, she could identify the petitioner by torch light.
Immediately, she was medically examined and the medical report clearly
points out that there is no sign of recent sexual intercourse. On the next
day, she gave her statement under Section 164 of Criminal Procedure
Code in which she said that while she was being ravished, children started
shouting and her in-laws turned up seeing whom the petitioner managed
to escape. There is no mention that she has fallen unconscious.
Be that as it may, the petitioner abovenamed is directed to
be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Araria in Forbsganj ((Simraha) Police Station
Case No 248 of 2010 corresponding to G R No 1414 of 2010.
M.E.H./ (Navaniti Prasad Singh)
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