Balua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8181 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -MAHILA PS District- GOPALGANJ ====================================================== Balua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 376/511 of the Indian Penal Code.

It is alleged that the petitioner entered into the house of the informant and tried to establish forceful physical relationship with the informant.

It is submitted by learned counsel for the petitioner that even assuming the accusation, no offence under Section 367/511 IPC is made out. Moreover, the informant has retracted from her initial version and filed a petition to that effect before the learned court below. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.8181 of 2015 (2) dt.04-03-2015 2/2 petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gopalganj in connection with Gopalganj Sadar Mahila P.S. Case No. 35 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T