Baualal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24761 of 2022 Arising Out of PS. Case No.-787 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Baualal Rai Son Of Vindeshwar Ray R/O Village- Jhapha, Belahiya, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gita Devi Wife Of Yogendra Rai R/O Village- Shivraha Chathrbhuj Mohalla, P.S.- Ahiyapur, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Sahay Jamuar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 511 and 323 of the Indian Penal Code.

As per the complaint petition, while the minor daughter of complainant had gone out of her house to relieve herself, this petitioner caught her and attempted to commit rape with her.

It is submitted that petitioner has been falsely implicated in this case because prior to lodging of this complaint petition the petitioner lodged Ahiyapur PS Case No. 371 of

Patna High Court CR. MISC. No.24761 of 2022(2) dt.12-09-2022 2/2 2019 against the husband of complainant and others, as the petitioner was brutally assaulted and got injured and in order to save their skin from that case, this false case has been lodged by the wife of complainant against petitioner. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 1st Additional District and Sessions Judge-cum-Special Judge (POCSO Act), Muzaffarpur in connection with Complaint Case No. 789 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T