Raj Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.27991 of 2016 (2) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27991 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Raj Kumar Yadav, Son of Bhelu Yadav, resident of Village - Chinberiya, Police Station - Laxmipur, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Complaint Case No. 1437C of 2015 arising out of Laxmipur P.S. Case No. 177 of 2015 registered under Section 376 of the Indian Penal Code, Section 4 of the Protection of Children form Sexual Offences Act and Section 3(XI) S.C./S.T. Act. The allegation is that informant/complainant, aged about 16 years, along with her uncle, Sewak Paswan, was returning from Mathiya Market on bicycle. In the meantime, her uncle started talking with a person then informant/complainant moved forward and reached near Gaura Pahari, the petitioner surrounded her and forcibly took her to Pahari. Thereafter, the petitioner on the point of knife committed rape on her. While the

Patna High Court Cr.Misc. No.27991 of 2016 (2) dt.15-07-2016 petitioner was committing rape, the uncle of the informant/complainant, who was coming, found informant's bicycle lying on the road, on which, the petitioner on seeing him flee away from the place of occurrence.

When the informant/complainant along with her uncle went to petitioner's house to make protest then they were abused by the family members of the petitioner denoting their cast name. Learned counsel for the petitioner submits that informant/complainant and the petitioner are residing in the same village and due to grudge enmity the informant/complainant got managed to implicate the petitioner in the present case with the help of her family members. It is further submitted that petitioner has no criminal antecedent and is in custody since 27.05.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Jamui, in connection with Laxmipur P.S. Case No. 177 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T