Ram Ishwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20475 of 2015 Arising out of PS.Case No. -199 Year- 2014 Thana -MAHILA P.S. District- SIWAN ====================================================== Ram Ishwar Yadav, son of Shankar Yadav, R/o village - Shivpur Sakra, P.S. - Asaon, District - Siwan.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rakesh Kumar Tiwary, Advocate. For the Opposite Party : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioner is apprehending his arrest in connection with Siwan (Mahila) P.S. Case No. 199 of 2014 for the offences instituted under Sections 376/511 and 506 of the Indian Penal Code.
Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that the informant on the alleged date of occurrence she had gone to attain the call of nature and when she reached near Nahar then the petitioner who was there from earlier caught her and pressed her on ground and after removing her sari he also slept upon the informant but due to protest by the informant the petitioner left her then the informant raised alarm then her family members arrived there and the petitioner fled away. It is further alleged that when the informant alongwith others went at the door of the petitioner to complain
Patna High Court Cr.Misc. No.20475 of 2015 (3) dt.02-07-2015 2 / 2 then accused Chotan Yadav assaulted the husband of the informant.
It has been submitted on behalf of the petitioner that as per the allegation, it is alleged that the petitioner made an attempt to rape the victim. It is further submitted that from perusal of the F.I.R. it would appear that the occurrence is said to have taken place at 7.30 P.M. in the night but no source of identification of the petitioner has been disclosed by the prosecution which makes the prosecution doubtful.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts, 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 in connection with Siwan (Mahila) P.S. Case No. 199 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T