Case Facts:
Patna High Court Cr.Misc. No.6494 of 2012 (3) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6494 of 2012 ====================================================== 1. Parmeshwar Mahto S/O Basawan Mahto .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-04-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 03.11.2011 in a case registered under [STATUTE] . Allegedly, the petitioner committed rape on a five years old girl but contention on behalf of the petitioner is that he has been falsely implicated in this case at the instance of one Ram Swarath Mahto who happens to be witness on production-cum- seizure list. It is further contended by her that the aforesaid Ram Swarath Mahto is an accused in a case in which the uncle of the petitioner was murdered and a case under [STATUTE] was lodged against the aforesaid Ram Swarath Mahto. It is further contended by her that the petitioner had to depose in the aforesaid murder case but before recording his evidence in the aforesaid murder case, the aforesaid Ram Swarath Mahto managed the informant of this case and got implicated the Patna High Court Cr.Misc. No.6494 of 2012 (3) dt.20-04-2012 petitioner in a false case of rape so that the petitioner may enter into compromise with the aforesaid Ram Swarath Mahto. To fortify the above stated contentions, learned counsel for the petitioner drew my attention towards production- cum-seizure list and submitted that the aforesaid production-cum- seizure list was prepared on 07.08.2011 at 01:15 P.M. and it is stated that some articles belonging to the petitioner were found on the place of occurrence but Para-6 of the case diary reveals that Investigating Officer inspected the place of occurrence on 07.08.2011 at 11:15 A.M. but he did not find anything on the place of occurrence. It is further contended on behalf of the petitioner that the medical report of the victim girl also does not corroborate the allegation because no sign of sexual contact was found on the person of the victim girl. 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, Vaishali in connection with Lalganj P.S. Case No. 182 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.