Uday Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30111 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -SAKRA District- MUZAFFARPUR ====================================================== Uday Kumar Jha, S/o Dinesh Jha, Resident of Village- Lohargama, Katesar, P.S.- Sakra (Bariyarpur O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sakra P.S. Case No. 77/2018 registered for offences punishable under sections 448, 323, 324, 354-B/504/34 of the Indian Penal Code. The informant, in her written report submitted to the S.H.O., Sakra Police Station, has alleged that on 27.02.2018 at about 3:30 P.M., this petitioner forcibly entered into her house and finding her alone tried to commit rape on her. When she resisted, this petitioner gave knife blow which caused bleeding injury on her person. On alarm, her gotani came to rescue her whereupon this petitioner also assaulted her.

It has been submitted that both the parties are

Patna High Court Cr.Misc. No.30111 of 2018 (3) dt.03-07-2018 2/2 neighbours and for family dispute between the family members of both the parties, the present case has been lodged with false and frivolous allegation as neither the informant and her Gotani sustained any injury nor they have been treated by any doctor. The petitioner is in custody 28.02.2018 having clean antecedent. The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 13th Sub-Judge-cum-Additional Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 77 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T