Ramesh Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.56473 of 2017 (2) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56473 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Ramesh Yadav, Son of- Late Munilal Yadav @ Munil Yadav, Resident of Village- Kumarkhand, P.S.- Kumarhand, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Meena Devi, Age about 30 years, Wife of Karbil Mandal, Resident of Village- Kumarkhand, Ward No- 11, P.S.- Kumarhand, DistrictMadhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 43(C) of 2017, registered under Sections 354, 341 and 506 of the Indian Penal Code.

The accusation is that, at about 9 P.M., on 23.06.2016, complainant had gone to attend the call of nature. At that time, petitioner caught holds her hand and committed rape. On raising alarm, her husband and brother-in-law reached there then petitioner succeeded to flee away.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.56473 of 2017 (2) dt.06-12-2017 husband of the complainant has executed the sale deed in favour of the petitioner, but later on, her husband wanted to return the said land due to that reason complainant lodged Kumarkhand P.S. Case No. 93 of 2016, under Section 376 of the Indian Penal Code against the petitioner, in which, police on investigation submitted the final form finding the case untrue. Thereafter, the protest petition filed by the complainant, Meena Devi in which on inquiry, petitioner has been summoned under Sections 354, 341 and 506 of the Indian Penal Code.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Madhepura, in connection with Complaint Case No. 43(C) of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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