Patna High CourtCR. MISC./24049/2017bail granted

Vijay Chaudhary @ Vijaykumar v. The State Of Bihar

2017-08-31Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.24049 of 2017 (4) dt.31-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24049 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Vijay Chaudhary @ Vijaykumar, S/o Krishna Chaudhary, Resident of Village- Rupaspur, Police Station- Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 38 of 2017 registered under Section 354(B)/34 of the Indian Penal Code and Section 08 of the POCSO Act.

The accusation is that informant Sonam Kumari has gone to attend the call of nature near the field of G.D.M. College. In the meantime, petitioner along with co-accused Golu Saw started to drag her in the field towards north with bad intention. Then the petitioner tied towel in her mouth and tried to commit rape upon her.

Patna High Court Cr.Misc. No.24049 of 2017 (4) dt.31-08-2017 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village dirty politics. Witnesses have not supported the prosecution version as it appears from para 13 of the case diary. It is further submitted that similarly situated co-accused, Golu Saw has already been granted privilege of bail by this Court vide order dated 18.07.2017 passed in Criminal Misc. No. 26128 of 2017 Having regard to the facts and circumstances of the case, let the provisional bail of the petitioner granted on 20.07.2017 by a co-ordinate Bench of this Court, is hereby confirmed.

(Rajendra Kumar Mishra, J) sushma/- U T