Vijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44921 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -BHELDI District- SARAN ======================================================

1. Vijendra Singh, S/o Late Ram Narayan Singh, resident of villageMalahi, P.S. Bheldi, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bheldi P.S.Case No. 193/2014 registered for offences punishable under Section 376 of the Indian Penal Code.

The prosecution case, in brief, is that the informant and accused persons are next door neighbors and patidar and the criminal case was going on between the parties. The complainantinformant with his 'Gotni' Nilam Devi went to attend the nature's call on 25.10.2014 at 7.30 P.M. towards east and during their return, the accused started abusing them as to why they had attended their natural call in his field and the accused tried to catch both the ladies but her Gotni fled away but the complainant

Patna High Court Cr.Misc. No.44921 of 2015 (4) dt.23-02-2016 2/3 was caught and raped. After raising alarm by her Gotni, the people nearby gathered and the accused fled away.

It has been submitted by the learned counsel for the petitioner that the complaint case has been lodged after five days of the date of occurrence and there is land dispute going on between the petitioner and the informant's side for which complaint case No. 3458/2007 has been lodged by the petitioner against the husband of the informant and others. It has further been submitted that the petitioner has clean antecedent, as is evident from para-3 of this petition. Learned counsel for the petitioner further contends that no independent witness has made any such allegation and all of them supported that there is a land dispute between the petitioner and the informant's side, who are patidars. However, learned A.P.P.

submits that as per para-6 of the case diary, Gotni of the informant was an eye witness but since Gotni of the informant was and interested witness, under such circumstances, let the petitioner, above named in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.44921 of 2015 (4) dt.23-02-2016 3/3 Judicial Magistrate, Saran at Chapra in connection with Bheldi P. S. Case No. 193/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

(Nilu Agrawal, J) Sudha/- U T