Shankar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4782 of 2016 Arising Out of PS.Case No. -477 Year- 2015 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Shankar Yadav Son of Late Jodhan Yadav, R/o Village - Salaiya, P.S. - Jhajha, District - Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rabita Devi, W/o Indradeo Yadav, R/o Village - Salaiya, P.S. - Jhajha, District - Jamui.

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

For the Petitioner/s : Mr. Amar Prakash, Advocate For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 354, 452, 379, 504 of the Indian Penal Code.

The prosecution case is that on 01.04.2015 at 9.30 the petitioner entered into the house of the complainant, attempted to ravish her.

When the complainant raised alarm then her sister-in-law Sanju Devi came, then the petitioner escape from the scene. The complainant and her sister-in-law went for complain in the house of Shankar, then the petitioner assaulted the complainant and snatched silver chain worth Rs. 5,000/-.

Patna High Court Cr.Misc. No.4782 of 2016 (2) dt.04-02-2016 It is submitted by the learned counsel for the petitioner that the petitioner is on inimical terms from before with the informant and land dispute is going on as Land Dispute Case No. 46 of 2012-13 pending between the parties and the petitioner filed Jhajha P.S. Case No. 48 of 2015 levelling accusation under Section 384 of the Indian Penal Code against the father-in-law of the complainant. For the occurrence of 01.04.2015 the complaint was filed on 04.04.2015. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the delayed lodging of the complaint and the case lodged by the petitioner's side at earlier point of time, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Jamui in connection with Complaint Case No. 477C of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T