Sri Ram Tiwary v. The State Of Bihar

Patna High Court Cr.Misc. No.19721 of 2017 (6) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19721 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MAHILA P.S. District- SHEOHAR ====================================================== Sri Ram Tiwary, Son of Gajadhar Tiwary, Resident of village - Babhantoli, P.S. Sheohar, District - Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheohar Mahila P.S. Case No. 02 of 2017 registered under Sections 376, 420 and 506 of the Indian Penal Code. The accusation is that the informant was engaged by the petitioner in Ram Krishna School for cooking the meal on payment of Rs.2500/- per month. The petitioner on seeing alone to the informant forcibly committed rape on her. Thereafter, petitioner assured for arrange marriage of the informant with good person giving threatening of dire consequences in case of disclosing about the occurrence to anyone. Thereafter, informant conceived pregnancy, which is about 6-7 months. Learned counsel for the petitioner submits that it has

Patna High Court Cr.Misc. No.19721 of 2017 (6) dt.27-07-2017 come in the statement of peon and teacher of the school as detailed in paragraph 19 and 20 of the case diary that informant was engaged in the school for cooking the meal in the month of July, 2016 and she left the school in the month of October, 2016. It would also appear from paragraph 34 of the case diary that the informant gave birth of male issue on 06.02.2017, as such, she would have conceived pregnancy in the month of May, 2016. It is further submitted that informant and her family are questionable character and the mother of the informant has also filed similar nature of case baring Sheohar Mahila P.S. Case No. 26 of 2015. Further submission is that petitioner has no criminal antecedent.

Considering the aforesaid submissions, 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, Sheohar, in connection with Sheohar Mahila P.S. Case No. 02 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.