Patna High CourtCR. MISC./50303/2016bail granted

Vishwanath Rai v. The State Of Bihar

2016-11-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50303 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Vishwanath Rai son of Late Makhan Rai, resident of village- Berua, P.S. Gaighat, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 341, 323 and 376/511 of the Indian Penal Code. The prosecution story, in brief, is that the petitioner with an intention to sexually assault the victim, started lifting her under garments and when she raised alarm, he fled away but at the time of fleeing bite the cheek of the victim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The dispute had taken place

Patna High Court Cr.Misc. No.50303 of 2016 (2) dt.21-11-2016 2/2 due to irrigation of field. Due to previous enmity the present case has been instituted.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 Sri Suvash Kumar Roy, Judicial Magistrate 1st Class, Muzaffarpur in connection with Gaighat P.S. Case No. 166 of 2016.

(Sudhir Singh, J.) Amit/- U T