Rahul Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59926 of 2017 Arising Out of PS. Case No.-85 Year-2017 Thana- MAINATAND District- West Champaran ====================================================== Rahul Mishra, S/o Sri Bipin Bihari Mishra, Resident of village- Shekhwa Bsantpur, P.S.- Mainatand, District- Champaran Bettiah. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra For the Opposite Party/s :

Mr. SRI RAJENDRA NATH JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 376/511 of the IPC. The prosecution case is that on 16.7.2017 at 11 P.M. when the informant's husband went for answering the call of nature, in the meantime, the petitioner caught hold of her and pushed her on the bed, tore her Salwar and tried to ravish her. On alarm being raised, the husband of the informant came and thereafter the petitioner escaped from the scene.

It is submitted by learned counsel for the petitioner that the petitioner registered Mainatand P.S. Case No. 84 of 2017 on 17.7.2017 at 5 P.M. with the accusation under sections 341,323,324,307 and 379/34 of the IPC against Wasim Ansari, Karim Ansari and Israful Ansari. Thereafter, as a retaliatory

Patna High Court Cr.Misc. No.59926 of 2017(2) dt.12-12-2017 2/2 measure the informant being wife of Wasim Ansari, an accused in the case lodged by the petitioner, lodged the present case on 17.7.2017 which got registered on the same day at 5.15 P.M. There is no medical report on record. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation levelled in the background of the case registered by the petitioner against the husband of the informant at earlier point of time, coupled with the statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, West Champaran, Bettiah in connection with Mainatand P.S. Case No.85 of 2017.

(Dinesh Kumar Singh, J) anil/- U