Kundan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.26847 of 2016 (3) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26847 of 2016 Arising Out of PS.Case No. -239 Year- 2015 Thana -DHURAIYA District- BANKA ====================================================== Kundan Yadav, son of Bindeshwari Yadav, @ Bindeswari Yadav, resident of Rahman Kitta, P.S.: Dhoraiya, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra, Advocate. For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 21.03.2016 in connection with Dhoraiya P.S. Case No. 239 of 2015 registered for offence under Section 376 of the Indian Penal Code.

The prosecution story, in brief, is that on 2.12.2015 at about 9.00 P.M the petitioner knocked the door of the informant on which she opened the door and thereafter the petitioner entered into her house and demanded money for ploughing the field. The informant asked him to go and also asked that she will pay the same in the morning but the petitioner did not listen to her she then gave Rs. 500/- to him. It is further alleged that thereafter, the petitioner started misbehaving with her and forcibly turned her over, tried to gag her mouth and in spite of alarm raised by her, he raped her. On hulla villagers assembled

Patna High Court Cr.Misc. No.26847 of 2016 (3) dt.29-08-2016 and caught him but he threatened the villagers on pistol point and fled away.

On behalf of the petitioner, it is submitted that the petitioner is in custody since 21.03.2016. Charge-sheet has been submitted in the present case. The petitioner has got no criminal antecedent. The petitioner has relied upon the statement of the daughter of the informant/victim recorded in para 13 of the case diary in which she has not supported the allegations made in the FIR. There is admitted enmity between the parties and for the said reasons, the petitioner has been made accused in the present case.

On behalf of the State and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. and there is direct allegation against him.

Considering the statement of the daughter of the informant/victim recorded in para 13 of the case diary, let the petitioner above named 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 learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 239 of 2015.

(Sudhir Singh, J) Prakash/- U T