Binod Yadav And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8700 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8700 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Binod Yadav.

2. Pramod Yadav. Both Sons of Naresh Yadav, Resident of Village- Sir Mandih, Police Station- Chandra Mandih, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gita Devi, wife of Gurucharan Yadav, Resident of Village- Sree Mandih, Police Station- Chandra Mandi, District- Jamui. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abdul Wadood For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 283 (C) of 2017, registered under Sections 354, 379 and 506 of the Indian Penal Code. The accusation is that petitioners along with his father Naresh Yadav and Danu Yadav entered in the house of the complainant/informant and tried to commit the rape, but anyhow due to protest made by her, petitioners could not succeed to commit rape. Thereafter, petitioners and others took away the box containing the ornaments and clothes from her house. Learned counsel for the petitioners submits that, in

Patna High Court Cr.Misc. No.8700 of 2018 (2) dt.17-02-2018 fact, Naresh Yadav, father of the petitioners, was lodged Chandra Mandi P.S. Case No. 102 of 2016 on 20.11.2016 against six persons including the informant of the present case and others for the offence under Sections 147, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code due to that reason opposite party no. 2/complainant has lodged the present complaint case on 02.03.2017 with false allegation only to give under pressure. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Jamui, in connection with Complaint Case No. 283 (C) of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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