Mathura Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16498 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -MAHILA P.S. District- NAWADA ====================================================== Mathura Prasad Son of SRi Parmeshwar Prasad Resident of Mohalla - V.I.P. Colony, P.S.- Nawadah Town, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-354A of the Indian Penal Code and Section-12 of the POSCO Act.

The accusation against the petitioner is that he hurled abusive words to informant's minor daughter with an intent to outrage her modesty. The petitioner was working as Principal whereas; informant's daughter was a student in the concerned school. Moreover, in course of investigation, the statement of victim was recorded u/S 164 of the Cr.P.C., in which, she has not mentioned the above-said allegation rather she stated that she was chided by the petitioner, as a result of which, she became

Patna High Court Cr.Misc. No.16498 of 2016 (2) dt.26-04-2016 2/2 unconscious.

Contention on behalf of the petitioner is that the present case was lodged at the behest of one Omkar Nath Roy, who was teacher in the school and prior to institution of the present case; he had lodged Town P.S. Case No. 80 of 2016 against the petitioner. It is further contended that when the informant learnt the real facts, he entered into compromise and moreover, the petitioner is languishing in jail custody since 18-032016. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special (POSCO) P.S. Case No. 06 of 2016 arising out of Nawadah Mahila P.S. Case No. 15 of 2016 to the satisfaction of learned Special Judge-cum- Additional District & Sessions Judge-Ist, Nawada.

(Hemant Kumar Srivastava, J) A.K.V./- U T