Patna High CourtCR. MISC./16553/2017bail granted

Jagdish Sah v. The State Of Bihar

2017-05-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16553 of 2017 Arising Out of PS.Case No. -270 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Jagdish Sah, son of Late Baidhnath Sah, R/o Village - Kadgaon, P.S. - K. Nagar (Sri Nagar), District - Purnea.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

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

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 04-05-2017 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 K. Nagar (Srinagar) P.S. Case No.270 of 2014 registered under Sections 341, 323, 376, 504 and 506 of the Indian Penal Code. The accusation is that 29.05.2014 at about 11.00-12.00 P.M. in the night, the informant alongwith her three children was sleeping in a room while her mother-in-law was sleeping in another room. At that time, the petitioner entered the room of the informant and committed rape on her. On hulla raised by the informant, the mother-in-law of the informant woke up and, thereafter, the petitioner fled away from there.

Patna High Court Cr.Misc. No.16553 of 2017 (3) dt.04-05-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that, in fact, due to the land dispute in between the informant and the petitioner and his family members, a proceeding under Section 107 of the Cr.P.C. was initiated in which the notice was sent to the petitioner on 11.07.2014. The petitioner has falsely been implicated in this case and the petitioner having no criminal antecedent is in custody since 27.01.2017. 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 Sub Divisional Judicial Magistrate, Purnea, in connection with K. Nagar (Srinagar) P.S. Case No.270 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T