IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.983 of 2011
Mahabir Chaudhary son of Late Anandi
Chaudhary,Resident of village Kate
Balia,P.S.Salkhua, District Saharsa
Versus
The State Of Bihar
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02/ 17.10.2011 The appellant has been
convicted under Sections 366 and 376
of the Indian Penal Code.
It is alleged that the victim
was being taken by this appellant
when he established forceful physical
relationship.
It has been submitted by
learned counsel for the appellant
that initially a case under Section
498 of the Indian Penal Code was
registered. The informant, P.W.5, in
his evidence has admitted that twice
earlier also victim went in the
company of the appellant. Moreover,
neither doctor has been examined nor
any medical report has been
exhibited.
2
Admit.
Call for the lower court
records.
During pendency of this
appeal, the above named appellant
shall be released on bail on
furnishing bail bond of Rs.10,000/-
(Rupees ten thousand) with two
sureties of the like amount each to
the satisfaction of Ist Additional
Sessions Judge, Saharsa in Sessions
Trial No., 48 of l992 and realization
of fine as imposed against the
appellant shall also remain stayed.
(Shyam Kishore Sharma, J.)
Tahir/- ( Dinesh Kumar Singh,J.)
