Dharmendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8374 of 2016 Arising Out of PS.Case No. -282 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== DHARMENDRA KUMAR YADAV son of Yogendra Yadav, resident of Village- Dudhiyawa, P.S.- Nawalpur, District-West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 8.10.2015 in a case registered under Section 376 read with Section 511 of the Indian Penal Code.

Learned counsel appearing for the petitioner has drawn my attention towards the statement of victim recorded under Section 164 of the Code of Criminal Procedure and submits that the victim has, nowhere, stated that petitioner had made attempt to commit rape on her rather she only stated that the petitioner untied the rope of her pant and after that when she raised alarm, petitioner fled away from there.

Patna High Court Cr.Misc. No.8374 of 2016 (2) dt.25-02-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 1st Additional Sessions Judge-Cum-Special Judge, West Champaran, Bettiah in connection with Jogapatti P.S. Case No.282 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T