Rahul Yadav @ Tetar Yadav @ Tetar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61223 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- MAHISHI District- Saharsa ====================================================== Rahul Yadav @ Tetar Yadav @ Tetar S/O Niraj Yadav @ Niras Yadav R/O Village- Teghra, P.S.- Mahishi, District- Saharsa ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Mahishi P. S. Case No.147 of 2020, instituted for the offences under Sections 376/ 511 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 17.09.2020, he is a person with clean antecedent and charge-sheet has been submitted in the case.
The learned counsel for the petitioner submits that the informant alleges that the petitioner entered her house in the night and tried to rape, but was caught by the informant and her husband.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.61223 of 2021(2) dt.22-03-2022 2/2 from perusal of the allegation, it would manifest that the allegation is of attempt of rape. It is further submitted that the informant and the petitioner were known to each other and the petitioner had gone to meet the informant when the husband of the informant objected and the present false case of attempt came to be instituted.
The learned A.P.P. for the State opposes the bail application.
Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and it is a case of attempt, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saharsa in connection with Mahishi P. S. Case No.147 of 2020.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T