Patna High CourtCR. MISC./53744/2016bail granted

Birendra Rai v. The State Of Bihar

2016-12-20Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.53744 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53744 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -MAHILA P.S. District- SARAN ====================================================== Birendra Rai, Son of Bharat Rai, Resident of Village- Masahan, P.S.- Marhaura, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 47 of 2014 registered for the offences punishable under Sections 452, 354 (B), 376/511 of the Indian Penal Code. Allegedly, the petitioner tried to commit rape with the informant.

Submission is of false implication and that the complaint case has been lodged after 8 days of the occurrence, there is no truth in the complaint case on the basis of which the FIR has been lodged. However, the case has been compromised and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the delay in lodging the FIR and further considering the compromise

Patna High Court Cr.Misc. No.53744 of 2016 (2) dt.20-12-2016 arrived at between the parties, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saran at Chapra in connection with Mahila P.S. Case No. 47 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T