IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23949 of 2011
Prakash Pal @ Prakash Ram
Versus
The State Of Bihar
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4 13-09-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is in jail custody since 12.02.2011 in a
case registered under Sections-376/34 of the Indian Penal
Code.
Allegedly, the petitioner alongwith one, Raj Kumar
Pal committed rape upon the informant but learned counsel for
the petitioner drew my attention towards this fact that the
informant and the petitioner had stayed in the room of one,
Munna Yadav whose statement has been recorded at
Paragraph-14 of the case diary.
Learned counsel for the petitioner submitted that
the aforesaid Munna Yadav has nowhere stated about the
story of rape as well as presence of above-said Raj Kumar
Pal. It is further contended by him that in medical examination,
no sign of rape has been found on the person of the informant
and furthermore, when the informant realized her fault, she
filed a petition before learned court below exonerating the
petitioner from this case.
Taking into consideration the aforesaid facts and
circumstances as well as submission of the parties, let the
petitioner, namely, Prakash Pal @ Prakash Ram be released
2
on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)
with two sureties of the like amount each in connection with
Forbesganj P.S. Case No. 69 of 2010 to the satisfaction of
Chief Judicial Magistrate, Araria.
AKV/- ( Hemant Kumar Srivastava,J.)