Arun Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8722 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8722 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -MAHILA PS District- JEHANABAD ====================================================== Arun Kumar, Son of Sri Jalesar BInd, Resident of Village-Patariya, Police Station-Jehanabad (Karona O.P.) in the District of Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No. 77 of 2017 registered under Sections 376, 511, 341, 342, 323, 504 and 506/34 of the Indian Penal Code and Section 8 of the OPCSO Act.

The accusation is that, on 25.09.2017, at about 8 A.M., informant had gone for cutting the grass in the field, where petitioner tried to commit the rape on her, but on raising alarm, her mother, sister and villagers reached there then petitioner fled way. While uncle and mother of the informant went at the house of the petitioner and made complaint, but they were abused by the family members of the petitioner giving threatening to not lodge the case.

Patna High Court Cr.Misc. No.8722 of 2018 (2) dt.17-02-2018 Thereafter, on 03.10.2017, when her father came to the house from Surat then informant gave written report. Learned counsel for the petitioner submits that it would appear from the F.I.R. that while the occurrence is of 25.09.2017 but the F.I.R. has been lodged on 04.10.2017 after ten days of the occurrence without giving reasonable explanation. It is further submitted that due to some quarrel in respect to land dispute the present case has been lodged with false allegation only to give undue pressure.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Icum-Special Judge, Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 77 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T