Ranvir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84715 of 2023 Arising Out of PS. Case No.-688 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Ranvir Yadav Son of Ramchandra yadav Resident of Village- Nanhku Mandal Tola, P.S.- Muffasil, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 511 and 379 of the Indian Penal Code.

3. Allegation against the petitioner is that he entered into the house of the informant and tried to commit rape with her.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of three days in filing the complaint petition without assigning any plausible

Patna High Court CR. MISC. No.84715 of 2023(2) dt.15-01-2024 2/2 and convincing reason for the said delay, which creates serious doubt about the prosecution case. There is no eye-witness of the said occurrence hence, no offence u/s 376 made out against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the delay in filing the petition, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court below where the case is pending/successor Court in connection with Khagaria (Muffasil) P.S. Case No. 688 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T