Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53650 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -BANMANKHI District- PURNIA ====================================================== Naresh Yadav, Son of Madan Yadav, Resident of Village - Banmankhi, Ward No.4, Police Station - Banmankhi, District-Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Banmankhi P.S. Case No. 155 of 2017 registered under Section 376 of the Indian Penal Code.

The petitioner is said to have been committing rape against the informant for 3-4 months and on the date of occurrence he also tried to outrage her modesty entering into her house in the night.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, several unsocial elements used to congregate at the house of the victim for which the petitioner raised protest and organized a Panchayati. Due to the aforesaid grudge, the petitioner has been

Patna High Court Cr.Misc. No.53650 of 2017 (2) dt.09-11-2017 2/2 falsely implicated in this case. The petitioner happens to be ward councillor. Cousin father-in-law of the petitioner and witnesses examined by the I.O. have not supported the occurrence of committing rape against the victim by the petitioner ever and making halla by the victim on the date of occurrence. The occurrence is said to be of 20.06.2017, but FIR has been lodged on 26.06.2017 after an inordinate and abnormal delay of six days without assigning any plausible reason for the said delay. The petitioner has been languishing in custody since 22.08.2017. Considering the facts aforesaid, the above named petitioner 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 Chief Judicial Magistrate-I, Purnea in connection with Banmankhi P.S. Case No. 155 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T