Chandeshwar Urao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52123 of 2018 Arising Out of PS.Case No. -965 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandeshwar Urao S/o Bipat Urao , R/o Raghiya Done, P.S.- Naurangiya (Gobarhiya), District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Devi D/o Late Rameshwar Sah, R/o Vill.- Champapur Done, P.S.- Naurangiya Done (Gobarhiya), District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ajay kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366/376 of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that initially complainant married with the petitioner vide statement before the Marriage Registrar at Annexure-2. Thereafter, when matrimonial discord arose she lodged complaint petition alleging therein that she was forcefully kidnapped and ravished by the petitioner. He submits that the perusal of the entire complaint petition would reveal that when the victim was

Patna High Court Cr.Misc. No.52123 of 2018 (2) dt.10-10-2018 P2/ accompanying the petitioner she made no protest to anyone. Learned counsel for the complainant opposed the prayer on the ground that serious allegation is there against the petitioner even in the statement of the complainant on oath. Considering the entire facts of the case aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Courtbelow where the case is pending in connection with Complaint Case No. C965/2017 , corresponding to Tr. No. 2791 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T