Chuman Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14664 of 2020 Arising Out of PS. Case No.-133 Year-2013 Thana- KESARIA District- East Champaran ====================================================== CHUMAN PATHAK, aged about 25 years (Male), Son of Bairagi Pathak, Resident of Village - Derwa, P.S.- Kesariya, Dist.- East Champaran Motihari. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajesh Kumar, Advocate.

For the Opposite Party :

Mr.Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 452, 376/511, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that on 03.07.2013 at about 1.00 P.M. in the night, Golu Singh, Chuman Pathak (petitioner) and one other boy went on the roof of the informant where the informant was sleeping with her children. All of a sudden, Chauman Pathak (petitioner) pressed her mouth and Golu Singh was standing near her leg. During the course of scuffle, they torn her Blouse. On hulla, her father woke up. Thereafter, they fled away. When they went to the house of Chuman Pathak (petitioner) he threatened to kill her father

Patna High Court CR. MISC. No.14664 of 2020(2) dt.02-03-2020 2/2 within one week. The accused came to her house to do illegal act.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 11.11.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The matter has already been compromised between the parties vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran, in connection with Kesariya P.S. Case No. 133 of 2013.

(Sudhir Singh, J) U.K./- U T