Shiv Chandra Kumar @ Shiv Chandra Yadav @ Shiv Chand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5478 of 2020 Arising Out of PS. Case No.-39 Year-2019 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Shiv Chandra Kumar @ Shiv Chandra Yadav @ Shiv Chand Yadav, aged about 24 years (Male), Son of Baleshwar Yadav Resident of Village-Chharra Patti, P.S-Uda Kishunganj, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Kishunganj P.S. Case No. 39 of 2019 registered for offences under sections 457, 354(A), 379, 34, 506 of the Indian Penal Code.

As per allegation, the father-in-law and brother-inlaw of the Informant were sleeping at Basa whereas the Informant and her younger sister-in-law were sleeping on Chowki in the western room of the house. As per allegation, at about 3 A.M., the petitioner along with other person, in drunken condition, entered int the house of the Informant and started to outrage the modesty of the Informant.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.5478 of 2020(2) dt.02-03-2020 2/2 after 16 days of the occurrence, the First Information Report has been lodged and further submits that at 3 A.M., generally the person will keep the door closed and it is very difficult for a drunken man to enter into the house and outrage the modesty. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned Additional Chief Judicial Magistrate, Uda Kishunganj, Madhepura in connection with Uda Kishunganj P.S. Case No.

39 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.