IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23600 of 2011
Ashok Kumar Mandal, S/O-Basant Mandal
Versus
The State Of Bihar
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02 27.07.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is languishing in jail custody since 18.03.2011
in a case registered under Section 376 of the Indian Penal Code.
Learned counsel for the petitioner submits that no sign
of rape has been found on the person of the victim and after
investigation, police has submitted charge sheet for the offences under
Section 376 read with Section 511 of the Indian Penal Code. It is
further submitted by him that even if, the prosecution story assumed to
be true, then also, only a case under Section 354 of the Indian Penal
Code is made out.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, let the petitioner be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Katihar in connection with Kursela P.S. Case No. 38 of
2011.
SHAHZAD ( Hemant Kumar Srivastava, J.)