Nandlal Kewat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18367 of 2016 Arising Out of PS.Case No. -1194 Year- 2011 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Nandlal Kewat Son of Sri Deoki Kewat resident of village- Nawkadih, P.s Sikandra, Distt Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pinki Devi W/o Nandlal Kewat resident of Village- Nawakadih, P.s Sikandra, District Jamui.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2016 Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 354 of the Indian Penal Code.

The prosecution case is that on 06.09.2011 at 2:00 P.M the complainant was feeding milk to her child aged about six months when this petitioner entered into the house and ravished her.

It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. The father of the petitioner has lodged Sikandra P.S. Case No. 259 of 2008 against the husband of the complainant. The father of the petitioner has also filed Complaint Case No. 1192C of 2011. It is further

Patna High Court Cr.Misc. No.18367 of 2016 (2) dt.28-04-2016 2/2 submitted that the victim was medically examined but no sign of rape was found.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the delayed filing of the complaint, the accusation being levelled in the background of land dispute and the petitioner's side lodged the case at earlier point of time, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Complaint Case No. 1194C of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T