Tetar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45889 of 2014 Arising Out of PS.Case No. -94 Year- 2014 Thana -CHHATAPUR District- SUPAUL ====================================================== Tetar Ram S/o Rasiklal Ram resident of village - Lalganj Tilathi, P.S. Chhatapur, District - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Chhatapur P.S. Case No. 94 of 2014 dated 11.04.2014 instituted under Sections 376/315/323/504/34 of the Indian Penal Code and 4 of The Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that he along with four other persons had tried to persuade the informant to falsely implicate a co-villager with the allegation of rape.

Learned counsel for the petitioner submits that he is a co-villager and has nothing to do with the entire allegation except that he was also one of the persons who had asked the complainant to falsely implicate a person and general and omnibus assault. It is submitted that besides having clean antecedent even the complainant in her

Patna High Court Cr.Misc. No.45889 of 2014 (2) dt.07-05-2015 2/2 statement before the Court under Section 164 of the Code of Criminal Procedure, 1973 has neither named nor alleged anything against the petitioner. It is submitted that initially after lodging of the case, the petitioner was on police bail and after investigation chargesheet was submitted under bailable sections. However, the Court differing from the said has taken cognizance under non bailable sections also and thus the petitioner has moved the Court for anticipatory bail. Learned A.P.P.

opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Saharsa in Chhatapur P.S. Case No. 94 of 2014, subject to the conditions laid down in Section 438

(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J.) P. Kumar U T