Akhilesh Chaubey @ Akhileshwar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38502 of 2016 Arising out of P.S. Case No. - 137 Year - 2015 Thana - KUCHAIKOTE District - GOPALGANJ ====================================================== Akhilesh Chaubey @ Akhileshwar Chaubey, Son of Late Hira Chaubey, Resident of Village - Bhopatpur, P.S. - Kuchaikote, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party: Mr. Anil Kumar Singh-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 17-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376, 511, 354B and 307 of the Indian Penal Code registered in connection with Kuchaikote P.S. Case No. 137 of 2015.

3. It is submitted that the petitioner has been falsely implicated by reason of a family dispute and the parties are relatives of each other. The thrust of accusation for the offence of attempt to rape is against co-accused Sarmendra Chaubey and not against this petitioner, and so also the assault by the said Sarmendra Chaubey on the informant's head with a knife is belied from the injury report which shows that the injuries were caused by hard blunt substance and in any event were also simple in nature. There is inordinate delay in filing the complaint on 11.06.2015 for the alleged occurrence of 02.06.2015 without adequate explanation. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.38502 of 2016 (2) dt.17-09-2016 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 137 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation and made himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Kundan/BT (Vikash Jain, J) U T