Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67266 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== ASHOK YADAV, aged about 21 years, Male, Son of Raju Yadav Resident of Village - Sarsa, P.S.- Sikandra, Distt.- Jamui ... Petitioner

Versus

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

For the Petitioner :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Sikandara P.S. Case No. 169 of 2019 registered under Sections 147, 148, 149, 341, 323, 354B, 307 and 506 of the Indian Penal Code. The accusation is that in the evening of 19.06.2019, the informant had gone in the field to attend the call of nature. At that time, the petitioner caught hold her forcibly and tried to unfold her clothes with intention to commit rape, but, she raised alarm and anyhow succeeded to flee away from there, reached at her house and disclosed the matter to her family members. Thereafter, her family members went at the house of the petitioner where six persons, named in the first information report, caused assault to the brother and father of the informant giving threatening to remove from the village. The learned counsel for the petitioner submits that in fact on suspicion about love affairs of the petitioner with the informant, family members of the informant forcibly took the petitioner at their

Patna High Court CR. MISC. No.67266 of 2019(2) dt.14-11-2019 2/2 house and caused assault. Any-how petitioner was saved and carried to his house by his family members, but, with ulterior motive the informant has lodged the present case at the instigation of her family members regarding the occurrence of marpeet. More over, Sikandra P.S. Case No. 170 of 2019, is lodged under Sections 341, 323, 307 and 34 of the Indian Penal Code against the family members of the informant regarding the incident of carrying the petitioner orcibly by family members of informant of the present case. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Sikandara P.S. Case No.

169 of 2019 shall 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 Sri M.K. Pandey, Judicial Magistrate, 1st Class, Jamui, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T