Banti Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12825 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Banti Kumar @ Deepak Kumar, S/o Ram Kishun Singh, R/o Village + P.S.- Darihat, Dist.- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr.S.M. Rahman ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darihat P.S. Case No.55/16 registered under Sections 376, 511 .of the Indian Penal Code.

The accusation is that at about 12 O' clock in the midnight of 3.9.2016 the petitioner entered in the house of the informant and started to press her neck and on protest the petitioner threw the son of the informant on the ground and also made attempt to commit rape on her. She raised alarm upon which mother-in-law, sister -in-law and brother-in- law of the informant woke up then the accused petitioner fled away. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.12825 of 2017 (2) dt.11-04-2017 2/2 petitioner is cousin brother-in-law/dewar of the informant and all are residing in a house jointly. Since the informant does not want to live jointly she has lodged the present case with false allegation of rape against the petitioner.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, at Sasaram, in connection with Darihat P.S.Case No.55/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U