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Patna High CourtCR. MISC./68517/2022allowed

Brahma Yadav v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68517 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== BRAHMA YADAV Son of Pramatma Yadav R/V- Ushri, P.S- G.B. Nagar, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 376 and 506 of the Indian Penal Code.

As per allegation in the FIR, while the informant was coming after collecting grass, petitioner dragged her towards standing maize crops and committed rape upon her. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous land dispute. Only with a view to grab the land of the petitioner, the present case has been lodged against him. In the statement of the informant/victim recorded u/s 164 Cr.P.C., she has made allegation against the petitioner of attempt to commit

Patna High Court CR. MISC. No.68517 of 2022(3) dt.19-06-2023 2/2 rape. Petitioner is languishing in judicial custody since 20.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Siwan in connection with Siwan Mahila P.S. Case No. 44 of 2022.

(Sunil Kumar Panwar, J) sushma/- U