Patna High CourtCR. MISC./51452/2019bail granted

Yogendra Baitha v. The State Of Bihar

2019-08-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51452 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- MASHRAK District- Saran ====================================================== YOGENDRA BAITHA, Son of Ramnath Baitha Resident of VillageBahrauli, P.S.- Mashrakh, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anju Kumari @ Anju Narain For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mashrakh P.S. Case no. 179 of 2019, registered under Sections 342, 323, 354B, 504 and 506 of the Indian Penal Code and Section 7 of the POCSO Act.

The accusation is that on 20.05.2019 at about 11.00 A.M. daughter of the informant aged about 16 years was alone in her house. In the meantime, petitioner entered in the house and tried to commit rape upon the daughter of the informant. The informant reached there on alarm made by her daughter then she was assaulted and her blouse was torn. Learned counsel for the petitioner submits that, in fact, due to plucking of Litchi scuffle took place in which slight

Patna High Court CR. MISC. No.51452 of 2019(2) dt.19-08-2019 2/2 injury was received, but with ulterior motive, the informant lodged the present case with false allegation. The petitioner has no criminal antecedent.

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 four 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 Addl. District and Sessions Judge-I, Saran, Chhapra in connection with Mashrakh P.S. Case No. 179 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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