Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27232 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -MAHILA PS District- JEHANABAD ====================================================== Vikash Yadav, Son of Lal Yadav, resident of Village- Khaskhori, Police Station- Patalganga in the district of Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jehanabad (Mahila) P.S. Case No.52 of 2015 for the offences instituted under Sections 323, 376, 511 of the Indian Penal Code, Section 8 POCSO Act and Section 2(i)(xi) SC/ST Act.

The prosecution case, in brief, is that on 18.06.2015 the informant prosecutrix Chhoti Kumari was gone the eastern side of village near the Mahua tree for attend call of nature, this petitioner came on retest for call of nature and said that come with me, when the informant refused to go with him then the petitioner catched her hand and forced to come with him when she raised alarm then he assaulted two fist at her cheek when she raised

Patna High Court Cr.Misc. No.27232 of 2016 (2) dt.11-07-2016 2/2 alarm the villagers assembled then she fled away. She also stated that he tried to outrage her modesty and rape. She further stated that he always gave her threatening for put fire on her house, gave abused and kill her whole family.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is said to have been falsely implicated in the present case. In course of investigation, the police has found the case to be false and has submitted charge sheet under bailable offences. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of A.D.J. 1st, Jehanabad, in connection with Jehanabad Mahila P.S. Case No.52 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T