Rabmbabu Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57903 of 2018 Arising Out of PS. Case No.-1512 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Rabmbabu Rai, son of Rajendra Rai, Resident of Village - Bhupbhairo, P.O. - Bhupbhairo, Police Station - Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi, Wife of Ram Lal Rai, Resident of Village Bhupbahiro, Ward No. 8, Police Station + District - Sitamarhi.

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

For the Petitioner/s :

Mr. Ranvijay Singh, Adv.

For the Opposite Party/s :

Sri Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a complaint case, wherein, process has been directed to be issued after cognizance being taken for the offences punishable under Sections 376/511/354 of the Indian Penal Code.

The prosecution case as per the complaint petition dated 07.09.2017 filed by Anita Devi is to the effect that on 27.08.2017 at 10.00 A.M., the informant went to ease out, in the meantime, the petitioner Ram Babu Rai and co-accused Umashankar Rai who were in an inebriated condition, caught hold of the informant and tried to outrage her modesty. On

Patna High Court Cr.Misc. No.57903 of 2018(2) dt.20-09-2018 2/3 alarm being raised, the accused persons escaped from the scene. It is submitted by learned counsel for the petitioner that for the occurrence of 27.08.2017, the complaint was filed on 07.09.2017 and for the alleged incident a Panchayati was held on 30.08.2017, where it was found that the informant was having illicit relationship with some other person. Though the petitioner is accused in four other cases, but in all the cases he is on bail. A statement to that effect has been made in paragraph no.3 of the petition.

It is submitted by learned APP for the State that there is specific accusation against the petitioner in the complaint petition.

Considering the delayed filing of the complaint, let the above named petitioner be released on provisional anticipatory bail for six months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Sitamarhi, in connection with Complaint Case No.1512 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be

Patna High Court Cr.Misc. No.57903 of 2018(2) dt.20-09-2018 3/3 confirmed by the learned Court below after getting a report from the concerned police station about the behaviour and conduct of the petitioner in last six months.

(Dinesh Kumar Singh, J) Ashwini/- U T