The High Court of Patna granted bail to the petitioner accused of sexual assault. The court noted medical examination showed no injuries and the victim did not appear before the court after being summoned by notice.
Petitioner released on bail on furnishing a bond of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17108 of 2015
Arising Out of PS.Case No. -484 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== 1. Sanjay Mahto Son of Nandi Mahto Resident of Village - Yamuna Tand Rariyahi, P.S. Dalsingsarai, District - Samastipur. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 01-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner, being husband of the informant is languishing in jail custody since 21-11-2014 and accusation against him is that he not only cut the private part of the informant but also put red chilly in her private part.
Learned counsel for the petitioner submits that the victim was medically examined by the doctor but no injury was found on the person of the informant.. The aforesaid doctor referred the informant to Sadar Hospital, Samastipur keeping his opinion reserved regarding the injury of the informant till receipt of the final report from Sadar Hospital, Samastipur.
This court had issued notice to the informant but she
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chose not to appear before this court in spite of service of notice.
Considering the above-said submission as well as facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dalsingsarai P.S. Case No. 484 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether petitioner should be granted bail in view of lack of reported injuries in the medical examination.
Sanjay Mahto
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
