Dhathuri Yadav @ Dhaturi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84476 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Dhathuri Yadav @ Dhaturi Yadav S/O Chhotu Yadav R/O VillageSandhmaph, P.S- Halsi, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai Mahila P.S. Case No.91/2023 lodged on 20.09.2023 under Section 376 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the petitioner with an allegation that he tried to commit rape upon the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the content of the FIR, it appears that the petitioner alleged to have tried to commit rape upon the informant in April whereas the present FIR has been lodged on 20.09.2023, which itself indicates that the present FIR has been lodged with the frivolous allegation. He further submits that the age of the alleged victim

Patna High Court CR. MISC. No.84476 of 2023(2) dt.10-01-2024 2/2 as shown in the FIR is 45 years whereas the age of the accused is about 57 years. The petitioner specifically pleaded in paragraph no.6 of the petition that after the death of the petitioner's wife, the alleged victim at the instance of her family members started putting pressure on him to marry her, and when the petitioner refused the same, then only with a view to create pressure for marriage this false case has been lodged against him. The petitioner is in custody since 20.09.2023 and is accused in one more criminal case.

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj, in connection with Lakhisarai Mahila P.S. Case No.91/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T