Alok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23985 of 2015 Arising Out of PS.Case No. -298 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Alok Yadav S/o Late Ram Janam Yadav Resident of Village Purainiya Bairagi Tola, P.S. Kalyanpur, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 394 and 376/511 of the Indian Penal Code. The prosecution case in, brief, is that the informant is Meera Devi. It is alleged that she has been living at his parental house for about one month. Her father, Kailash Das, has two shops- one at Purainiya Chowk and another at Bakhari Chowk and she used to live alone in the shop. It is further alleged that on 01.10.2014, in the evening, her mother gave her Rs. 50,000/- to keep the same with her, and she kept it in the shop. On 02.10.2014 in the night of about 12.30 hours, her slumber was broken on some sound, and she saw the petitioner Alok Yadav had entered into the room after making lurking house trespass and was searching the
Patna High Court Cr.Misc. No.23985 of 2015 (2) dt.06-07-2015 2/2 money. He forcibly looted away Rs. 50,000/- and tore sari blouse with an intention to commit rape on her, and on alarm raised by her, he started committing marpit with her. The petitioner did not commit rape on her. On hulla raised by her, when people assembled, he dragged her to the maize field and fled away. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. Further it has been submitted that the occurrence is said to have taken place at 12.30 in night, no source of identification has been disclosed by the prosecution. Further, the petitioner is in custody since 02.10.2014 and the matter has been compromised between the parties, vide Annexure 2.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari, in Kalyanpur P.S.Case No. 298 of 2014.
(Sudhir Singh, J) singh/- U T