Mukesh Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.24193 of 2017 (5) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24193 of 2017 Arising Out of PS.Case No. -42 Year- 2014 Thana -KARJA District- MUZAFFARPUR ====================================================== Mukesh Ram, son of Akalu Ram, resident of Village- Pakri Pakohi, P.S.- Karja District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Karja P.S. Case No. 42 of 2014 registered under Sections 376 and 511 of the Indian Penal Code.

The accusation is that, on 19.02.2014, in the evening, sister of informant had gone to attend the call of nature, where this petitioner came and tried to commit rape with her by pressing her mouth. On raising alarm villagers came there then the petitioner fled away.

Learned counsel for the petitioner submits that, in fact, she goat of the informant entered in the field and started to graze the wheat crop, which was cultivated by the petitioner, due to that

Patna High Court Cr.Misc. No.24193 of 2017 (5) dt.19-08-2017 reason petitioner only slapped the sister of the informant but with ulterior motive the present case has been lodged on 04.03.2014 in respect to occurrence dated 19.02.2014 with false allegation of attempt of rape Moreover, there is no eye witness to the occurrence.

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 J.M. Ist Class, Muzaffarpur, in connection with Karja P.S. Case No. 42 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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