Mukesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.9860 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9860 of 2016 Arising Out of PS.Case No. -289 Year- 2015 Thana -BAKHRI District- BEGUSARAI ====================================================== Mukesh Yadav, Son of Suresh Yadav, Resident of Village-Akha P.s Bakhari District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar Sharma For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bakhari P.S. Case No. 289 of 2015 registered under Sections 354, 376, 511, 324, 448 and 379 of the Indian Penal Code. The accusation is that informant along with her children was sleeping in her house in night of 8/9.12.2015. The petitioner entered in her house in mid night and on the point of knife made attempt to commit rape. On protest, petitioner fled away taking cash of Rs.2,000/-.

Learned counsel for the petitioner submits that petitioner and the informant are co-villagers whereas petitioner had given loan of Rs.5,000/- to the informant but on demand she

Patna High Court Cr.Misc. No.9860 of 2016 (2) dt.22-04-2016 did not return the money and only to give undue presser petitioner has falsely been implicated in this case. Further submission is that at the time of considering the prayer for anticipatory bail of the petitioner, informant had filed an application on 15.01.2016 in the court of Sessions Judge, Begusarai, about the settlement of dispute between the petitioner and informant.

Considering the aforesaid submissions, 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 Additional Sessions Judge-III, Begusarai, in connection with Bakhari P.S. Case No. 289 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T