Mithalesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10211 of 2019 Arising Out of PS. Case No.-323 Year-2018 Thana- GOGRI District- Khagaria ====================================================== MITHALESH YADAV, Son of Manoj Yadav Resident of Village - Lakshminiya, P.S.- Gogri (Paura), Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogari (Paura) P.S. Case no. 323 of 2018, registered under Sections 376, 511, 323, 341, 504, 506 and 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 18 of the POCSO Act.

The accusation is that in the evening of 28.09.2018, the informant had gone to attend the call of nature. At that time, petitioner tried to outrage her modesty on the point of three nut and attempted to commit rape, thereafter, informant, anyhow, escape from there and reached house and narrated the incident to her father. When parents of the informant went to the house of petitioner, then informant along with her parents were assaulted by the petitioner and his parents.

Patna High Court CR. MISC. No.10211 of 2019(4) dt.10-05-2019 2/2 Learned counsel for the petitioner submits that, in fact, she goat of the informant entered into the house of petitioner due that reasons, the hot talks were exchanged between the parties, but with ulterior motive the present case has been filed making allegation of outrage the modesty of the informant. Further submission is that the allegation against the petitioner to cause head injury by means of butt of the three nut to the head of mother of informant, but the injury as found on the person of mother of the informant is simple in nature, while the injury found on the leg of mother of the informant is of grievous, which is not attributed against the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-Icum-Special Judge, Khagaria in connection with Gogari (Paura) P.S. Case No. 323 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T