Patna High CourtCR. MISC./47174/2016bail granted

Rajesh Kumar v. The State Of Bihar

2016-10-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47174 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Rajesh Kumar, Son of Kishore Yadav .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 448, 376, 511, 380, 506 of the Indian Penal Code.

Petitioner is said to have made attempt to commit rape on the informant in the night of 07.03.2016 and the present case was lodged on 09.03.2016.

Submission on behalf of the petitioner is that petitioner was arrested by the police on 05.09.2016 and he was remanded in a case but subsequently, when he got bail in the said case, police got implicated the petitioner in the present case. It is further submitted that impugned order goes to show that petitioner was caught from the house of the informant on 05.09.2016 and the

Patna High Court Cr.Misc. No.47174 of 2016 (2) dt.28-10-2016 2/2 aforesaid fact goes to show that relation of the petitioner with informant was cordial and sweet. However, prior to institution of the present case, informant had lodged a case of similar nature and in the said case, the petitioner has already been acquitted. It is further submitted that as a matter of fact, the informant was pressurized by the police and villagers to implicate the petitioner in false case and that is the reason of institution of series of cases against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 127 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T