Raj Narayan Ram v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.52167 of 2017 (2) dt.07-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52167 of 2017 Arising Out of PS.Case No. -769 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Raj Narayan Ram, son of Sri Jagdeo Ram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rasmi Kumari, wife of Shatrudhan Ram.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suneil Kumar Thakur For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-11-2017 Learned counsel for the petitioner is permitted to make necessary correction in the address of the petitioner. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 769 of 2015, registered under Sections 323, 354 and 379 of the Indian Penal Code.

The accusation is that, at about 8 P.M., while the complainant-opposite party no. 2 had gone to attend the call of nature behind the house. At that time, petitioner being the brotherin-law of the complainant tried to outrage her modesty and tried to commit rape and also snatched the gold ornament from the complainant-opposite party no. 2.

Patna High Court Cr.Misc. No.52167 of 2017 (2) dt.07-11-2017 Learned counsel for the petitioner submits that, in fact, petitioner is the brother-in-law of the complainant-opposite party no. 2 and he was the Ward Member, in the recent election the complainant-opposite party no. 2 contested in the election of the Ward Member against the petitioner, in which, complainantopposite party no. 2 defeated the petitioner, due to that reason the complainant-opposite party no. 2 has lodged the present case with false allegation. Further allegation is that 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 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 A.C.J.M.-IV, Rosera, Samastipur, in connection with Complaint Case No. 769 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T