Jhunnu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14183 of 2017 Arising Out of PS.Case No. -458 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jhunnu Chaudhary, Son of Late Jai Narayan Chaudhary, resident of Village- Jokaha Bettiah Dih, P.S.- Bettiah Muffasil (Manuapul), DistrictWest Champaran. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the State : Mr. Ram Naresh Ray, A.P.P. For the Informant : Mr. Sanjay Kumar No.7, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 21-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Bettiah Muffasil (Manuapul) P.S. Case No.458 of 2016 registered under Sections 376/34 of the Indian Penal Code besides Section 66-A of the Information Technology Act, 2000..

The accusation is that before four months in the day, when the informant was sleeping alongwith her child, this petitioner entered the house of the informant, served her intoxicated "Prasad" and committed rape on her. On the same evening, when the husband of the informant returned the house, the informant narrated him about the incident. Thereafter, the informant and her husband started to proceed for the

Patna High Court Cr.Misc. No.14183 of 2017 (3) dt.21-06-2017 2/2 police station but they were forbade by the villagers on the assurance of holding the Panchayati. Later on, this petitioner stated the informant that he has prepared the video in respect of incident of committing rape on her and spread rumour in the village regarding the same.. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the informant are the next door neighbours and due to grudge and enmity, the present case has been lodged after four months of the occurrence. Further submission is that the petitioner having no criminal antecedent is in custody since 25.01.2017 and on investigation, the police has already submitted chargesheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Muffasil (Manuapul) P.S. Case No.458 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T