Amit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.20693 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20693 of 2016 Arising Out of PS.Case No. -195 Year- 2015 Thana -MUFFASIL District- AURANGABAD ====================================================== Amit Kumar, age 21 years, R/o Ram Pravesh Paswan, Resident of VillageMisir Bigha, Police Station - Muffasil, District Aurangabad Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate. For the Opposite Party/s : Mr. Ataur Rahman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Muffasil P.S. Case No. 195 of 2015 registered under Sections 363, 366(A) and 120(B)/34 of the Indian Penal Code.

The accusation is that on 27.08.2014, at about 8 P.M., the daughter of informant, aged about 14 years, had gone to attend the call of nature but she did not return. Earlier, the petitioner had outraged the modesty of the daughter of informant on 08.07.2014, regarding which, Mahila P.S. Case No. 16 of 2015 was instituted, in which, other named accused of the F.I.R. had given pressure to withdraw the case and also to compromise the said case. Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.20693 of 2016 (2) dt.16-05-2016 the daughter of the informant was already married in the year 2010 with Suryamukhi Paswan but she left her Sasural house and started to live at Surat with other person. It is further submitted that the informant, who is the mother of the victim, after knowing the real fact has already filed a compromise petition on 05.03.2016 in the court of Chief Judicial Magistrate, Aurangabad. It is further submitted that petitioner is in custody since 04.03.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Muffasil P.S. Case No. 195 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T