Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39061 of 2016 Arising Out of PS.Case No. -279 Year- 2014 Thana -BARAUNI District- BEGUSARAI ====================================================== Binod Kumar S/o Ram Padarath Singh, R/o Vill- Asurari, P.S.- Barauni, Distt- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-11-2016 Heard both sides.

The petitioner seeks bail in Barauni P.S. Case No. 279/14 under Section 306 of the Indian Penal Code. The father-in-law of the deceased disclosed that the petitioner was always staring at his daughter-in-law with bad intention. On 16.06.2014 the petitioner entered into the house and was trying to have sexual relation with the deceased but on alarm the informant and his grand-son came and the petitioner fled away. Learned counsel for the petitioner submits that the deceased was an adult lady. She never complained of ill-treatment at the hands of the petitioner. All the allegations are false and concocted. The petitioner never assaulted the deceased nor compelled her to commit suicide.

On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.39061 of 2016 (3) dt.21-11-2016 2/2 as well as learned A.P.P. opposed the prayer for bail and submitted that the witnesses have stated that the petitioner wanted to have illicit relation with the daughter-in-law of the informant and he was always forcing the deceased to have sexual relation with her, but it appears that no case was ever lodged for the fact that the petitioner ever ill-treated her. The victim was major lady and she had children. Admittedly the victim committed suicide. The petitioner is in jail since 13.07.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned Chief Judicial Magistrate, Begusarai in Barauni P.S. Case No. 279 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T