Guneshwar Yadav @ Gundeshwar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.26665 of 2015 (2) dt.20-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26665 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================

1. Guneshwar Yadav @ Gundeshwar Yadav Son of- Late Sripati Yadav Resident of village- Asai P.S. ---- Nauhatta Dist- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 448, 341, 376 and 511 of the Indian Penal Code.

The prosecution case, in short, is that the informant Amrika Devi filed a written report before the S.H.O., Nauhatta Police Station on 12.3.2015 alleging that when she was sleeping along with her children in her house then the petitioner entered into her house and caught her leg, upon which she woke up and saw the petitioner forcibly wanting to do illicit act with her. In the mean time, she raised hulla and thereafter the petitioner fled away. On behalf of the petitioner, it is submitted that the

Patna High Court Cr.Misc. No.26665 of 2015 (2) dt.20-07-2015 petitioner is the Chairman of PACCS. He is aged about 78 years, which is evident from a perusal of Annexure-2 series. It is further submitted that the petitioner has been made accused due to political rivalry. It is also submitted that the petitioner has got no criminal antecedent.

On behalf of the State, it is submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in connection with Nauhatta P.S. Case No.49 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sudhir Singh, J) V.P.Sinha/- U