Pulkit Rishideo @ Pulkit Rishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46836 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Pulkit Rishideo @ Pulkit Rishi son of Ramphal Rishideo, resident of village - Bhutia, PS.-Dhamdaha, District-Purnea.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar, Adv. For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Dhamdaha Police Station Case No. 23 of 2016 registered for offences punishable under sections 341, 323, 354, 504/34 of the Indian Penal Code.
It has been submitted that the informant has lodged this case with false and frivolous allegation. The daughter of informant had love affairs with the maternal brother of this petitioner. The maternal brother of this petitioner has married with daughter of informant and they are residing in the house of the petitioner. It has been further submitted that the allegation of entering into the house and attempting to commit rape has been made with ulterior motive. At the time of investigation, the Police
Patna High Court Cr.Misc. No.46836 of 2017 (2) dt.21-09-2017 2/2 did not record the statement of the alleged victim. In course of hearing of anticipatory bail petition of this petitioner, the learned Sessions Judge had issued show cause notice to the Deputy Superintendent of Police for not recording the statement of victim under section 161 Cr.PC. After service of show cause notice, the statement of victim was recorded under section 161 Cr.PC. The Police submitted charge sheet against the petitioner and he is in custody since 19.10.2016 having clean antecedent. Considering the facts and circumstances as stated above, the prayer of bail is allowed and the petitioner- Pulkit Rishideo @ Pulkit Rishi is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha Police Station Case No. 23 of 2016.
(Sanjay Kumar, J) Mahesh/- U T