Dharmendra Kumar Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10514 of 2016 Arising Out of PS.Case No. -712 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Dharmendra Kumar Choudhary, Son of Indradeo Narayan Choudhary @ Indradeo Prasad Choudhary, resident of Raisar, P.S. Kotwali, District Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Gurudeo Mandal S/o Late Karmchand Mandal, resident of Vijay Nagar P.S- Bariyapur, District- Munger.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 323 and 354 of the Indian Penal Code.

The prosecution case is that on 3.7.2015 at 9.30 A.M. the daughter of the informant went to school and found the petitioner and co accused Bharat Kumar taking liquor. The daughter of the informant returned home and complained that co accused Bharat tried to outrage her

Patna High Court Cr.Misc. No.10514 of 2016 (2) dt.08-03-2016 2/3 modesty and the petitioner threatened to lodge a case under the provisions of section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioner that for the occurrence of 3.7.2015 the complaint was filed on 24.7.2015. The accusation under section 354 IPC is specific against co accused Bharat Kumar. The petitioner filed a case against the informant side on 10.7.2015 prior to the lodging of the present case though for the incident of 3.7.2015, however, the written report was submitted on 4.7.2015 for creating disturbance in the school. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case and the case lodged by the petitioner being earlier in point of time, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.10514 of 2016 (2) dt.08-03-2016 3/3 connection with Complaint Case No. 712C of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T