Raja Mian @ Md. Ali Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51918 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -PIPRA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Raja Mian @ Md. Ali Raja son of Islam Mian, resident of Village- Ashok Pakari Tiwary Tola, Police Station- Pipra, District- East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Pipra P.S. Case No. 170 of 2017 registered for the offence punishable under Sections 341, 342, 323, 354, 376/511, 379, 504, 506/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, East Champaran, Motihari.
Learned counsel for the petitioner submits that as per allegation the minor daughter of the informant went to ease in the field and in the meantime Raja Mian (petitioner) caught her and tried to rape and started to outrage her modesty on which she shouted and then informant, his son, wife and Pappu Mian caught the petitioner and took him on road. It is
Patna High Court Cr.Misc. No.51918 of 2018 (2) dt.20-09-2018 alleged that on hearing the noise of the co-accused assembled at the door of the informant and tried to rescue this petitioner. It is further alleged that they also assaulted the informant and the co-accused Bhola Mian took out Rs. 23000/- from the pocket of the informant. They managed to escape with Raja Mian (petitioner) from there.
Learned counsel for the petitioner submits that this petitioner has been falsely implicated in the present case out of previous enmity, has no criminal antecedent. It is stated that the present case has been lodged as an outburst of Pipra P.S. Case No. 162/2017 dated 19.07.2017 under Sections 341, 323, 379, 504/34 of the Indian Penal Code filed by co-accused Raja Mian @ Raja Ali against the informant and others. In order to save themselves from the said case and to pressurize to compromise, the present case has been lodged. It is submitted that the case registered under Section 354, 376/511 of the I.P.C. has no basis. It is further submitted that the coaccused Bhola Mian, Sujan Mian and Rajan Mian has been granted anticipatory bail by a learned coordinate Bench of this court.
Learned Additional Public Prosecutor for the
Patna High Court Cr.Misc. No.51918 of 2018 (2) dt.20-09-2018 State has opposes the prayer for bail of the petitioner. In the given facts and circumstances of the case where the petitioner has placed before this court the F.I.R. being Pipra P.S. Case No. 162/2017 and other circumstances mentioned in the petition, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Pipra P.S. Case No. 170/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Rajeev/- U T