Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34629 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- KOCHAS District- Rohtas ====================================================== Ashok Yadav Son of Sheo Lakhan Yadav Resident of Village-Nawaliya P.S.- Kochas District-Rohtas. At present resident of Village-Kochas, P.S.-Kochas, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kochas P.S. Case No. 171 of 2018, registered for the offences punishable under Sections 341, 323, 354, 376, 511 and 34 of the Indian Penal Code. Prosecution case is that on 16.09.2018, informant had gone to Roushan Hospital, as her Devrani was admitted there for delivery. Doctor advised her Devrani to stay for one week in the hospital. Informant also stayed in the hospital along with her Devarani. On 18.09.2018 in the night at 1.00 a.m. while informant along with her Devrani was sleeping in a room where relative of other patients were also sleeping, petitioner came and attempted to rape upon the informant. On hulla, he fled away from there and after some time he along with others came there

Patna High Court CR. MISC. No.34629 of 2019(3) dt.28-08-2019 2/2 and also threatened the informant.

It is submitted on behalf of petitioner that petitioner is the son of doctor and there was exchange of hot words between the informant and the doctor regarding payment of outstanding bill as a result of which petitioner has falsely been implicated in this case. Date of occurrence is of 18.09.2018 whereas F.I.R. has been lodged on 22.09.2018. F.I.R has been lodged after three days for which there is no plausible explanation. Petitioner is in custody since 19.03.2019 having no criminal antecedent. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 5th, Rohtas at Sasaram in connection with Kochas P.S. Case No. 171 of 2018.

(Prabhat Kumar Singh, J) vinita/- U T