Ravi @ Kumar Avinash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24811 of 2016 Arising out of PS.Case No. -115 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ====================================================== Ravi @ Kumar Avinash .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.05.2016 in connection with Patrakarnagar P.S. Case No. 115 of 2015, G.R. No. 2810 of 2016 for the offences instituted under Sections 448, 376 and 379/511 of the I.P.C.

The prosecution story, in brief, is that the informant Priti Priya was residing in front of Laxmi Apartment, Munnachak, Chitragupta Nagar, Parwati Path Lane, Patna, and she was being disturbed mentally and physically by the petitioner continuously. On 02.05.2016 at about 10.00 P.M. the petitioner reached at house of the informant holding a wine bottle and started consuming wine sitting in her drawing room. He forcibly tried to commit rape with the informant and when she raised hulla then he fled away

Patna High Court Cr.Misc. No.24811 of 2016 (4) dt.08-08-2016 2/2 snatching a golden chain worth Rs. One lac from her neck. The petitioner has a Parda Shop at Malahi Pakari under Patrakar Nagar P.S.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.05.2016 and the charge sheet has been submitted in the present case under Section 354 and other Sections of the I.P.C. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. He has falsely been implicated in the present case due to business transaction. The witnesses in paragraph nos. 24, 25 and 26 of the case diary have not supported the prosecution case. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Patna, in connection with Patrakarnagar P.S. Case No. 115/2016, G.R. No. 2810 of 2016.

U.K./- (Sudhir Singh, J) U T