Badri Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 2771 of 2017 Arising out of P.S. Case No. - 122 Year - 2016 Thana - CHENARI District - SASARAM (ROHTAS) ====================================================== Badri Tiwari, Son of Ram Vilash Tiwary, Resident of village - Bariya, P.S. Chenari, District - Rohtas .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rang Nath Choubey, Advocate For the Opposite Party : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 448 and 354(B) of the Indian Penal Code.

Allegation against the petitioner is that the petitioner dragged towards the back side of the house to Juhi Kumari, aged about 13 years with intent to commit sexual assault against her. On alarm, the people reached there and the victim could be saved.

Submission of the petitioner is that the petitioner has got land near the house of the informant. The informant and his family members used to thrown garbage causing inconvenience in proper cultivation and for that reason simple

Patna High Court Cr.Misc. No.2771 of 2017 (4) dt.07-03-2017 2/2 occurrence of altercation had taken and the present false case has been lodged. The petitioner is aged about 65 years. Petitioner has got no criminal antecedent and he is in custody since 18th October, 2016.

On the other hand, learned counsel for the informant opposed the prayer for bail on the ground that serious allegation is there against the petitioner which has been supported by other witnesses before the police. He further submits that in the event of the release, the petitioner may disturb the proceeding of the trial.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas/successor Court in connection with Chenari Police Station Case No. 122 of 2016, with condition that the petitioner shall fully co-operate with the trial and shall not indulge in tampering with the evidence.

Kundan (Birendra Kumar, J) U T