Patna High CourtCR. MISC./43048/2014bail granted

Rajesh Yadav v. The State Of Bihar

2015-03-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43048 of 2014 Arising Out of PS.Case No. -3358 Year- 2010 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Rajesh Yadav, son of Bindeshwari Pd. Yadav, village- Sikkat, P.S. Barari, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Adv. For the Opposite Party/s : Mr. Yogendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-03-2015 The petitioner is facing trial in C.A. Case No.3358 of 2010, for the offence punishable under Section-376 of I.P.C. The petitioner filed A.B.P. No.898 of 2014, in the court of learned District & Sessions Judge, Katihar, for grant of anticipatory bail which was rejected through order dated 11.9.2014. Hence, this application under Section-438 of Cr.P.C. before this Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

This Court would be very reluctant to grant anticipatory bail wherever the allegation against the accused is referable under Section 376 of I.P.C. In the instant case, the allegation is, no doubt, under Section 376 of I.P.C., the fact, however, remains that even

Patna High Court Cr.Misc. No.43048 of 2014 (2) dt.04-03-2015 2/2 according to the complainant, the alleged rape has taken place eight years prior to the complaint. Added to that, she stated that not only she had voluntary sexual relationship with the petitioner herein, but also she married to another person from Delhi about four years ago. Under these circumstances, this Court is of the view that the petitioner deserves to be granted anticipatory bail. Therefore, the petition is allowed.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with C.A. No.3358 of 2010.

(L. Narasimha Reddy,CJ) K.C.jha/- U T