Ram Chandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9009 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Chandra Sah Son of Late Umraon Sah Resident of village - Belwatiya, P.S. Pipra Kothi, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Piprakothi P.S. Case No. 130 of 2014 registered under Sections379, 376 & other minor sections of the Indian Penal Code. The accusation against the petitioner is that he attempted to commit rape upon the informant and when she raised alarm and made protest, she as well as her other family members were assaulted by the petitioner.

The contention on behalf of the petitioner is that the petitioner is full brother of informant's husband and as a matter of fact, there is some land between the houses of the parties and the

Patna High Court Cr.Misc. No.9009 of 2015 (2) dt.04-03-2015 2/2 aforesaid land is bone contention between the parties and as a matter of fact, an altercation had taken place between the parties on account of the above-said land dispute but the informant lodged this case with exaggerated story. He further submitted that moreover, due to intervention of well-wishers, both parties have compromised this case.

Considering the above-said facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Piprakothi P.S. Case No. 130 of 2014 to the satisfaction of Chief Judicial Magistrate, Motihari subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T