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Patna High Court - Orders

Gangaram Rai vs The State Of Bihar on 18 March, 2015

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.10661 of 2015
                        Arising Out of PS.Case No. -85 Year- 2014 Thana -BELA District- SITAMARHI
                 ======================================================
                 Gangaram Rai Son of Late Shivlal Rai, Resident of village- Banjarhi, P.S.-
                 Bela, District- Sitamarhi

                                                                                 .... ....   Petitioner/s
                                                        Versus
                 The State of Bihar

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Vinod Kumar
                 For the Opposite Party/s   : Mr. Prem Kumar Jha (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                 ORAL ORDER

2   18-03-2015

Heard both sides.

The petitioner seeks bail in Bela P.S. Case No. 85/14 registered for the offence under Section 376, 450 and other sections of the Indian Penal Code.

The informant made allegation that petitioner forcibly entered into her house and made an attempt to commit rape with her.

The learned counsel for the petitioner submits that father-in-law of the informant, having received Rs. 3,40,000/-, has executed deed of agreement to sale a piece of land, but father-in- law did not execute the sale deed and for that the petitioner filed Bela P.S. Case No. 86/14. The petitioner filed the case making the false allegation. The occurrence is said to have taken place on Patna High Court Cr.Misc. No.10661 of 2015 (2) dt.18-03-2015 2/2 01.06.2014, but the complaint petition was filed on 06.06.2014. The petitioner is an old man aged about 75 years. The Dy. S.P. also supervised the case and found the allegation of attempt to rape false.

Considering the facts aforesaid and the fact that the petitioner is an old man aged about 75 years, he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S. Case No. 85/14.

(Prabhat Kumar Jha, J.) Vinita/-

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