Vinod Kumar Jaiswal @ Vinod Jayaswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51606 of 2019 Arising Out of PS. Case No.-454 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== VINOD KUMAR JAISWAL @ VINOD JAYASWAL Son of Late Kamleshwari Jaiswal Resident of Village - Hariyapatti, P.S.- Naugachia, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.454 of 2018 , registered for offences punishable under Section 376 of the Indian Penal Code. As per the complaint petition, the petitioner on the point of knife committed rape upon the complainant. Submission of the learned counsel for the petitioner is that the complainant is aged about 72 years as per the voter I.D. and as per the ADHAR Card, he is aged about 60 years, which will appear from annexure 2 and 3. Moreover the reason behind the case is that there is litigation going on between the petitioner and one lawyer Mukti Kumar Madhu and one of the cases is riped up for trial and due to that at the instance of Mukti Kumari Madhu the present case has been lodged, which will appear from the fact that in the complaint petition

Patna High Court CR. MISC. No.51606 of 2019(3) dt.04-11-2019 2/2 Bhawesh Yadav and Pradeep Kumar Yadav have been named as witnesses and Pradeep Kumar Yadav and Bhawesh Yadav are juniors to Mukti Kumar Yadav which he has stated on oath in para 19 and 20 of the application.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground the complainant is no way concern with the aforesaid Mukti Kumar Madhu and the case is false and concocted..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Naugachia in connection with Complaint Case No.454 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T