IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33645 of 2010
JASMENDRA SINGH .
S/o Ram Dayal Singh
Petitioner
Versus
STATE OF BIHAR Opposite Party
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02/ 15.09.2010 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
The allegation against the petitioner is that he established
unnatural relationship with the informant’ nephew.
Learned counsel for the petitioner drew my attention
towards Annexure 3 and submitted that the medical evidence
completely belied the prosecution story as no spermatozoa either dead
or alive was found on the victim. He further submits that as a matter
of fact father of the petitioner had lodged a criminal case against the
informant and that is why the informant brought this false case against
the petitioner.
Considering the facts and circumstances of the case as well
as submission of the parties, particularly medical evidence available
on record, I direct the petitioner to be released on bail in connection
with Chauri P.S. Case no. 18 of 2010 on furnishing bail bond of Rs
10,000-/ with two sureties of the like amount each to the satisfaction
of the Chief Judicial Magistrate, Bhojpur at Ara.
shahid (Hemant Kumar Srivastava,J))