Jitendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34740 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== JITENDRA RAM, (Male-aged about 23 years), Son of Balu Ram, R/o Village- Saitha, P.S.- Sonhan, District- Kaimur (Bhabua). ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Naresh Dikshit, Advocate.

For the Opposite Party :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 376/511 of the I.P.C. The prosecution story, in brief, is that on 29.02.2020 at about 5.00 A.M., when the victim lady went to the field to attend the call of nature then the petitioner chased her and forcibly established physical relation with her. When she tried to call for help, her mouth was fastening by the Gamcha. However, the victim lady could manage to run away from the clutches of the petitioner and after coming to her house, she explained the whole occurrence to her husband and her husband explained the

Patna High Court CR. MISC. No.34740 of 2020(2) dt.20-01-2021 2/2 same to his uncle and others of the village.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 01.03.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been examined under Section 164 Cr. P.C. There is no allegation of rape alleged against the petitioner. The 164 Cr. P.C. statement is Annexure-2 to the present application. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur, Bhabua, in connection with Mahila (Bhabua) P.S. Case No. 8/2020.

(Sudhir Singh, J) U.K./- U T