Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39972 of 2012 ====================================================== Rakesh Kumar Yadav @ Inni Yadav S/O Late Kapil Deo Yadav R/O Village - Barari, P.S. Barari, District - Bhagalpur .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 06-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Kotwali (Barari ) P. S. Case No. 434 of 2012 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that though the allegation is against the petitioner of trying to commit rape and assault on the so called victim girl with fists and slaps but the same is false and concocted since the informant along with her parents is the tenant in the house belonging to the mother of the petitioner. It is submitted that there was dispute with regard to the rent and she wanted to put pressure on the family members of the petitioner by making such allegation. It is further submitted that as per the F.I.R. itself the room in which the so Patna High Court Cr.Misc. No.39972 of 2012 (2) dt.06-11-2012 2 called victim went to sleep was bolted from inside and without there being any complaint that the same was broken open, the presence of the petitioner inside the room cannot be believed. It is further submitted that the petitioner is a married man and thus at 11-30 p.m. his going to the room of the informant and that too in the manner as described in the F.I.R. is highly improbable. It is further submitted that even though it is claimed that on the cry raised by the informant the neighbours started coming in but none of them has been named as witness in the F.I.R. Learned counsel has also drawn the attention of this Court to Annexure- 2 series which goes to show that the petitioner has been treated for mental disease at the Central Institute of Psychiatry at Ranchi. It is further submitted that the petitioner was arrested by the police on the very day the F.I.R. was lodged and this makes it obvious that had he committed the crime, he would have run away from the house and could not have remained in his house waiting for the police to arrest him. Learned counsel has also drawn the attention of this Court to para-16 of this application in which his mother has said that she is ready to become one of the bailors. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner cannot take the plea of mental illness as would be evident from his conduct as alleged in the F.I.R. and thus he does not deserve to be released on bail. Patna High Court Cr.Misc. No.39972 of 2012 (2) dt.06-11-2012 3 Upon hearing the learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released 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 C.J.M., Bhagalpur, in Kotwali ( Barari ) P. S. Case No. 434 of 2012. One of the bailors shall be the mother of the petitioner. Both the bailor and the petitioner shall execute a bond of good behaviour with regard to the petitioner. The mother of the petitioner shall also give an undertaking that she shall get the petitioner properly treated and would maintain strict supervision over him. In the event of any deviant behaviour of the petitioner, the court below shall be at liberty to pass appropriate orders including cancellation of the bail bonds of the petitioner in the present case. sudip/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.