Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10614 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -MAHILA P.S. District- SITAMARHI ======================================================

1. Dipak Kumar @ Deepak Kumar Son of Birendra Singh, R/o Village - Kodarkat Ward No. 8, Singhrahiya, P.S. - Bathnaha, District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504, 506 of the Indian Penal Code. The prosecution case is that on 04.07.2015 at 10.00 A.M. the informant was taking bath, the petitioner tried to drag and gagged her, the informant then took the matter to the Gram Kutchery and the Surpanch found hold the petitioner guilty but, since no action was taken hence the written report was submitted before the District Magistrate on 20.07.2015, which came to be registered as police case on 26.07.2015.

It is submitted by the learned counsel for the petitioner that the petitioner is next door neighbour of the

Patna High Court Cr.Misc. No.10614 of 2016 (2) dt.10-03-2016 informant. In the background of drainage dispute a petition was filed before the Surpanch by the petitioner's side on 04.07.2015. The same has been brought on record as Annexure-2 to the supplementary affidavit. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the delayed lodging of the case and the application filed by the petitioner before the Surpanch at earlier point of time against the informant side, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 21 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T