Jay Prakash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19709 of 2022 Arising Out of PS. Case No.-310 Year-2020 Thana- MAHUA District- Vaishali ====================================================== JAY PRAKASH RAY Son of Shree Kapil Rai @ Kapil Dev Rai Resident of Village - Gorigama, P.s.- Mahua, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Binod Kumar no. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 376, 511, 323, 379/34 of the Indian Penal Code.

As per allegation, on the alleged date and time of occurrence, informant went out of her house for call of nature and then cousin brother of the informant and the petitioner arrived and allegedly started opening her cloth and then her Bhaisur and others arrived there, the accused persons fled away from the place of occurrence.

The main submissions advanced by the learned counsel for the petitioner are that a land dispute is going on between the

Patna High Court CR. MISC. No.19709 of 2022(2) dt.19-07-2022 2/2 parties and alleged occurrence does not come under the purview of section 376/511 IPC as there is no medical report in support of alleged attempt and the allegation made in the FIR comes under the purview of section 354 IPC. Further submission is that the allegation made in the FIR is completely unbelievable as petitioner, his father, uncle and others are alleged to have attempted to outrage modesty of the informant, but such type of occurrence is not possible to commit by such family members at the same time. Further submission is that petitioner has got clean antecedent and has been languishing in jail since 29.1.2022.

Learned APP has opposed the prayer for bail.

In view of above submissions, considering petitioner's custody period, in the opinion of this court, a lenient approach may be taken in respect of the petitioner. Let the petitioner 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 the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S Case No. 310 of 2020.

(Shailendra Singh, J) s.hassan/- U T