Nandlal Turaha @ Nandlal Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34174 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== NANDLAL TURAHA @ NANDLAL TURHA S/O LATE BRAHAMDEO TURHA R/O Village-Bhopatpura P.S. Mairwa, Distt. Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 342, 323, 354, 354B, 376/511, 504, 506 and 448 of the Indian Penal Code and Section 3(1)(r)(s)(w)(i)(iii) of the SC/ST Act.

As per prosecution case, when the informant was sleeping in her hut, the petitioner entered in the hut with an intention to rape and tried to commit wrong and on the noise of informant and her child, the petitioner fled away. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Victim/informant is a married and matured lady. The informant has taken loan of Rs. 20,000/-

Patna High Court CR. MISC. No.34174 of 2023(2) dt.26-06-2023 2/2 from the petitioner and she does not want to returned the same to the petitioner after repeated demand and she has been falsely implicated to the petitioner in the present case. He submitted that informant is widow and has illicit relation with the son of the petitioner and petitioner has opposed the same, then the informant has been falsely implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Mairwan P.S. Case No. 278 of 2022.

(Sunil Kumar Panwar, J) arish/- T