Sarmendra Chaubey @ Sarvendra Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37236 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Sarmendra Chaubey @ Sarvendra Chaubey, Son of Late Hira Chaubey @ Late Hiranand Choubey, R/o Village- Bhopatpur @ Bhupatpur, P.S.- Kuchaikote, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Pandey For the Opposite Party : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 376, 511, 354(B) and 307 of the Indian Penal Code. The allegation against the petitioner is of attempting to commit rape on the informant and when the daughter of the informant raised alarm, the petitioner assaulted with knife on the head of the informant and thereafter he fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.06.2016. 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 happened

Patna High Court Cr.Misc. No.37236 of 2016 (3) dt.27-10-2016 2/2 to be the gotia of the informant. There is admitted property dispute between the parties. The complaint is said to have been filed after 9 days of the alleged occurrence. The other co-accused has been granted anticipatory bail vide Cr. Misc. No. 38502 of 2016. The injury report do not support the allegations made in the F.I.R.

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 the learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 137 of 2015.

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