IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1029 of 2011
Raja Ram Mandal
Versus
The State Of Bihar
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3. 9.11.2011 The prayer for bail of the appellant has been
considered on receipt of the lower court records.
The attention of the Court was drawn to the
evidence of the prosecutrix in which she, on account of not
implicating Amit Kumar, was cross-examined by the
prosecution and during that course her attention was drawn to
her earlier statement in which she had alleged the rape by the
present appellant and said Amit Kumar. The contention is that
the Doctor was also not examined and the evidence of the
prosecutrix could not be acted upon inasmuch as she was
stating to the court that the report which was lodged by her
regarding commission of rape was not read over to her by the
Police Officer.
Regard being had to the evidence of the
prosecutrix, let the appellant Raja Ram Mandal be directed to
be released, during pendency of this appeal, on furnishing a
bond of Rs. 10,000/-( ten thousand) with two sureties of the
like amount each to the satisfaction of the trial court, i.e., 2 nd
Additional Sessions Judge, Naugachia in Sessions Trial No.
209 of 2010 and Sessions Trial No. 927 of 2010.
As regards the sentence of fine, realisation
thereof against the present appellant shall remain stayed till
further orders.
Kanth ( Dharnidhar Jha, J.)