Ram Pukar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41424 of 2016 Arising Out of PS.Case No. -410 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== Ram Pukar Sada Son of Jageshwar Sada Resident of Village- Inderwa, P.S. Sourbazar, District Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha, Adv. For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2016 Heard both sides.

The petitioner apprehends his arrest in Sour Bazar P.S. Case No. 410/2015, registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code. The informant alleged that Anmol Yadav pushed his wife while she along with her daughter was returning after attending the call of nature. Ranjit Sada and Jaykrishna Sada got his daughter sited on motorcycle and fled away. Ram Pukar Sada (petitioner), Bahadur Sada and Runa Devi accompanying them on another motorcycle.

Learned counsel for the petitioner submits that no allegation is made against the petitioner. Petitioner has falsely been implicated in the case. The victim made her statement under

Patna High Court Cr.Misc. No.41424 of 2016 (2) dt.19-11-2016 2/2 Section 164 Cr.P.C. and she made specific allegation against Ranjit Sada and Anmol Yadav who are alleged to have taken the victim to different places and committed rape with the victim. Jaykrishna Sada has already been enlarged on bail. Considering the facts aforesaid and the fact that no specific allegation is made against the petitioner and he is only alleged to have accompanying other accused persons on another motor-cycle, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 410/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T