Prabhu Rai @ Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21552 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prabhu Rai @ Prabhu Yadav son of Jhawar Yadav, resident of villageShankar Sharaiya Parsauna, P.S.- Turkauliya, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Turkauliya P.S. Case No. 90 of 2016, disclosing offence under Section 376/511 of the Indian Penal Code. The allegation against the petitioner is that he attempted to commit rape on the informant. Allegedly, after she raised alarm, the villagers assembled and they assaulted the petitioner. The family members of the petitioner, were later called to the place of occurrence with whom, the petitioner, thereafter, left for his home according to the First Information Report.

Patna High Court Cr.Misc. No.21552 of 2016 (3) dt.12-07-2016 2/3 Learned counsel for the petitioner has submitted that lodging of the First Information Report is revengeful. He submits that on 20.02.2016, two she-buffalos of the informant were found destroying the agricultural produce in the petitioner's field. He had caught two she-buffalos and in retaliation, the present F.I.R. has been lodged. It has been stated in paragraph-3 of the application that the petitioner has no criminal antecedent.

Learned counsel for the petitioner has submitted that the petitioner shall not flee from the course of investigation and make himself available to the police or before the court below as and when required.

Considering the above submission, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 90 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court Cr.Misc. No.21552 of 2016 (3) dt.12-07-2016 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ajaypd./- U T