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Patna High CourtCR. MISC./53675/2017rejected

Dilip Yadav v. The State Of Bihar

2018-01-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53675 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Dilip Yadav, son of Late Jagdish Yadav, Resident of Village Khunt P.S. Janki Nagar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Janki Nagar P.S. Case No. 78/2017 dated 23.04.2017 instituted for the offences under Sections 341, 323, 307, 354(A), 504 and 406 of the Arms Act.

The petitioner is alleged to have entered into the house of the informant in an inebriated condition and is also alleged to have made attempt to commit rape on her.

From the F.I.R. itself, it appears that the petitioner was caught by the villagers in a naked condition inside the house of the informant. The informant has clearly stated in the F.I.R. that earlier, the petitioner was made accused in the case of murder of her husband and he had always been threatening her in the past

Patna High Court Cr.Misc. No.53675 of 2017 (4) dt.10-01-2018 2/2 and has been insisting for withdrawing such case against him. For the allegations levelled in the F.I.R. and taking into account the fact that the petitioner was caught inside the house of the informant, this Court is not inclined to grant bail to him for the present.

The petitioner may renew his prayer for bail after a reasonable period of time.

The bail petition of the petitioner is rejected with the aforesaid observation.

(Ashutosh Kumar, J.) Rakhi U T