Niraj Kumar Pandey @ Niraj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32670 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Niraj Kumar Pandey @ Niraj Pandey, Son of Jai Prakash Pandey, resident of Village- Sadiha, Police Station- Bhagwanpur Hat, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Bhagwanpur Hat P.S.Case No. 63 of 2018 registered for the offences punishable under Sections 341, 323, 376, 448 and 511 of the Indian Penal Code.

Allegation against the petitioner is that he attempted to commit rape upon the informant.

Submission of learned counsel for the petitioner is that as a matter of fact the informant has given mobile number to the wife of the petitioner and some anti social elements, who used to call her and as such the story of attempt to commit rape is false, which will appear from paragraph-8 of the case diary. Heard learned APP and from perusal of impugned order

Patna High Court Cr.Misc. No.32670 of 2018 (3) dt.20-07-2018 2/2 it appears that allegation of attempting to commit rape is not found true and in supervision note police has found the case true under Sections 448, 341, 323 and 354B IPC.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Bhagwanpur Hat P.S.Case No. 63 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U