Awinash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60614 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Awinash Kumar Singh, son of Late Jitendra Singh, Resident of villageGovindbara, P.S. Phentiara, District-East Champaran at Motihari. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brajesh Sahay For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Phenhara P.S. Case no. 70 of 2017, registered under Sections 354(B), 376, 511, 504 and 506/34 of the Indian Penal Code. The accusation is that in the evening of 17.09.2017 informant along with her daughter, son and sister-in-law was present at her house. At that time, Abhisekh Kumar, Clerk of Phenhara Circle and petitioner came on motorcycle and both entered in the room and started to abuse and also outraged her modesty. In that course both torn her clothes and tried to commit rape. On hula, her daughter, son and sister-in-law came there then both moved from there asking her to come in room No.21 of Arun Singh.

Learned counsel for the petitioner submits that, in fact, in

Patna High Court Cr.Misc. No.60614 of 2017 (2) dt.13-12-2017 2/2 course of the distribution of the flood relief pressure was being given to the co-accused Abhisekh Kumar to provide the same to the informant, but only to give undue pressure, the present case has been lodged due to dirty village politics. 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Phenhara P.S. Case No. 70 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T