Deena Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.26380 of 2015 (2) dt.20-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26380 of 2015 Arising Out of PS.Case No. -4130 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Deena Singh son of Late Ramjee Singh Resident of village Mednimal Rajendra More , P.S.- Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Putula Devi W/o Santlal Paswan Resident of village- Akhtiyarpur, Patedha, P.S.- Sarai, Dist.- Vaishali. At present resident of Mohalla Medinimal Rajenra More, P.S. Hajipur Town , District Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case instituted under Section 354 of the Indian Penal Code. The prosecution case, in short, is that on 6.12.2013 at about 8 P.M., the husband of the complainant went outside on call of nature and Lalit Rai finding the complainant alone in the house entered into her house and tried to commit rape upon her. In the meantime, the petitioner came there and told the complainant to sleep with him. It is further alleged that accused Ajit Rai and Deena Singh removed her ornaments. Accused Lalit Rai with a

Patna High Court Cr.Misc. No.26380 of 2015 (2) dt.20-07-2015 view to commit rape upon her dashed her on the ground. The complainant raised hulla and in the meantime when her husband and others arrived there then Lalit Rai tried to flee away but her husband caught him.

On behalf of the petitioner it is submitted that the petitioner is the land-lord and the complainant is the tenant. It is further submitted that due to non-payment of rent, the petitioner has been falsely implicated in the present case by the complainant. On behalf of the State, it is submitted that the petitioner is named in the complaint petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Makgistrate, Vaishali at Hajipur in connection with Complaint Case No. 4130 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sudhir Singh, J) V.P.Sinha/- U