Ajay Rai @ Ajay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24719 of 2017 (4) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24719 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -MANER District- PATNA ====================================================== Ajay Rai @ Ajay Kumar, son of Sri Bhagwan Rai, resident of Village - Sherpur, P.S. - Maner, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 198 of 2016, registered under Sections 376, 511, 448 and 323/34 of the Indian Penal Code. Later on, after investigation, the police submitted charge sheet under Sections 341, 323, 354 and 504 of the Indian Penal Code. The allegation of informant is that, on 02.05.2016, at about 8 P.M., Ajay Rai (petitioner), entered in her house and tried to commit rape at her. When the informant made protest then petitioner started to cause assault and torn her Blouse. On raising alarm, the petitioner fled away, then Bhagwan Rai, father of the petitioner and Anita Devi started to cause assault to her. At that

Patna High Court Cr.Misc. No.24719 of 2017 (4) dt.07-09-2017 time, her sister-in-law (Gotani) and brother-in-law (Devar) did not help her.

Learned counsel for the petitioner submits that, in fact, petitioner is the neighbour of the informant and informant was quarrelling with her sister-in-law (Gotani) due to that reason petitioner tried to pacify the matter but with ulterior motive the petitioner has falsely been implicated in this case, which would appear from paragraphs 15 and 40 of the case diary. Further submission is that after investigation the police charge sheet under Sections 341, 323, 354 and 504 of the Indian Penal Code. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 198 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T