CR. MISC./40708/2010 of BHUNESHWER MUKHIYA Vs STATE OF BIHAR on 22 December 2010

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40708 of 2010 BHUNESHWER MUKHIYA Versus STATE OF BIHAR

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02/- 22-12-2010

Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State.

Originally, informant filed complaint case which was converted into Bhaptiyahi P.S. Case No. 62 of 2007.

Although, there is specific allegation against the petitioner that having entered into the house of informant, he committed rape on her, but Annexure-2 of this petitioner reveals that informant refused to participate in medical examination. Furthermore, the order of learned Additional Sessions Judge, 2[nd] Supaul reveals that the matter has already been compromised between the parties.

The contention of learned counsel for the petitioner is that the instant case was brought by the informant on account of enmity and village politics, but when later on she realized her fault she entered into compromise.

Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioner, namely, Bhuneshwer Mukhiya, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S. Case No. 62 of 2007

Praveen/-

( Hemant Kumar Srivastava, J. )