Mohan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23338 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Mohan Sharma S/o Late Fate Singh Resident of Village Mehandia, Police Station Mehandia in the District of Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,354B,504 and 506 of the Indian Penal Code.

It is alleged that on 1.3.2015 at about 8.00 P.M. while the informant was going home from the motel of her husband then this petitioner outraged her modesty by taking her forcefully at lonely place but on the alarm being raised by the informant this petitioner escaped from the scene though subsequently she was threatened to kill.

It is submitted by the learned counsel for the petitioner that for the occurrence of 1.3.2015 at 8 PM the FIR was registered on 2.3.2015 at 5 P.M. when the police station was just one

Patna High Court Cr.Misc. No.23338 of 2015 (2) dt.25-06-2015 2/2 kilometer (in the same village) away from the place of occurrence. The FIR was received by the learned C.J.M. on 4.3.2015 which reflects that by antedating the FIR the same has been registered. It is further submitted that petitioner is bank employee and since he failed to oblige the husband of the informant for providing loan hence the present case has been lodged. 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 nature of accusation, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Jehanabad in connection with Mehandia P.S. Case No. 16 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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