Patna High CourtCR. MISC./26360/2015bail granted

Om Prakash Rai v. The State Of Bihar

2015-09-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26360 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -GARKHA District- SARAN ====================================================== Om Prakash Rai, son of Surendra Rai, resident of Village- Reriya, Police Station- Garkha, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner : M/s. Gyan Prakash & Sharwan Kumar, Advocates. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 23-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Garkha P.S. Case No.41 of 2015 registered under Sections 341, 323, 354, 376 and 511 of the Indian Penal Code.

The allegation against the petitioner is that he attempted to commit rape on the informant, Sarita Kumari, aged about 18 years, when she had gone to attend the call of nature. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case by the informant only to put pressure upon him. It is also submitted that in course of investigation, police came to know that

Patna High Court Cr.Misc. No.26360 of 2015 (3) dt.23-09-2015 2/2 there was love affair in between the informant and the petitioner. Moreover, the informant has filed a petition in the court of the Chief Judicial Magistrate, Saran at Chapra, for compromising the case. The petitioner is in custody since 03.03.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran, in connection with Garkha P.S. Case No.41 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T