Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56281 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -DULHIN BAZAR District- PATNA ====================================================== Sanjay Yadav, son of Kameshwar Yadav, resident of Village- Alampur, P.S.- Dulhin Bazar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 16-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dulhin Bazar P.S. Case No.73 of 2015 registered under Sections 452 and 354(A) of the Indian Penal Code besides Sections 3(i)(xi) of the SC/St (Prevention of Atrocities) Act.

The allegation against the petitioner is that he entered the house of the informant, Arti Kumari, in absence of her family members and made attempt to commit rape on her. There were two more boys alongwith the petitioner to whom the informant could not identify.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.56281 of 2015 (2) dt.16-12-2015 2/2 submits that the petitioner and the informant are co-villagers. In fact, Ravi Kumar Mochi, the brother of the informant, and the petitioner were doing the work of installing the hand-pump but due to some dispute arose in between the petitioner and Ravi Kumar Mochi, the brother of the informant, the informant has lodged this false case against the petitioner. The petitioner having no criminal antecedent is in custody since 04.08.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Shyamal Kumar, Judicial Magistrate, First Class, Danapur, District-Patna, in connection with Dulhin Bazar P.S. Case No.73 of 2015. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

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