Arvind Chourasia v. The State Of Bihar
Patna High Court Cr.Misc. No.50868 of 2015 (3) dt.04-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50868 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -JAMALPUR District- MUNGER ====================================================== Arvind Chourasia, Son of late Kamal Kishore Mandal, resident of Village/Mohalla-Naygaon Bajrangwali, Chauk, P.s East Colony, District Munger.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Advocate. For the Opposite Party/s : Mr. Md.Nazir Ansari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Jamalpur P.S. Case No. 94 of 2015 registered under Section 376 of the Indian Penal Code.
The prosecution case is that the petitioner entered in the house of Soni Devi, wife of late Karan Tati, in the evening on 10.08.2015 and forcibly developed physical relation in spite of protest by the informant, giving threatening her dire consequences. When the mother of the informant came then she went at police station and lodged the present case.
Learned counsel for the petitioner submits that, in fact, informant is the widow and is in habit of lodging the similar type
Patna High Court Cr.Misc. No.50868 of 2015 (3) dt.04-02-2016 of cases against several persons for earning money and grabbing the land. It is further submitted that informant has also lodged Complaint Case (C) No. 354 of 2014 against Bhuneshwar Tanti and others regarding attempt of rape, which is still pending in the court of Chief Judicial Magistrate, Munger, and she also developed the physical relation with Santosh Raut and thereafter started to give pressure to transfer the land due to that reason Santosh Raus has also field a Complaint Case (C) No. 272 of 2015 against the informant in the court of Chief Judicial Magistrate, Munger. It is further submitted that petitioner has no criminal antecedent and is in custody since 11.08.2015.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on 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, Munger, in connection with Jamalpur P.S. Case No. 94 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U