Patna High CourtCR. MISC./25060/2020bail granted

Satrudhan Kushwaha v. The State Of Bihar

2020-09-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25060 of 2020 Arising Out of PS. Case No.-196 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== SATRUDHAN KUSHWAHA S/o Late Chhangur Kushwaha Resident of Village- Devipur Koiri Tola, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra, Adv.

For the Opposite Party/s :

Mr.Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Dhanaha P.S. Case No.196 of 2019 registered under Sections 376, 511, 354(B) and 34 of the Indian Penal Code.

The victim alleged that she had gone to the house of her neighbour to participate in a singing festival and when she was returning to her house, the petitioner caught her hand and tried to drag her inside the bamboo bush with bad intention but the victim somehow got her freed from the clutches of the petitioner and raised alarm. She further disclosed that earlier also, other accused persons threatened her.

The learned counsel for the petitioner submits that only allegation is to caught the hand of the victim and tried to drag her inside the bush. No attempt was made to commit rape.

Patna High Court CR. MISC. No.25060 of 2020(2) dt.22-09-2020 2/2 No offence under Section 376 I.P.C. is made out. It is further submitted that there was love affairs between the petitioner and the victim but some dispute arose and that is why the case has been filed. The petitioner is in jail since 17.01.2020. The petitioner has already remained in jail for more than eight months.

Learned A.P.P. opposed the prayer for bail.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that the petitioner is in jail for more than eight months, let the petitioner, above named, 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 S.D.J.M., Bagaha, West Champaran in connection with Dhanaha P.S. Case No.196 of 2019.

(Prabhat Kumar Jha, J) Saurabh/- U T