Bikash Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19564 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- KOTWALI District- Munger ====================================================== Bikash Kumar Mandal S/o Ram Ratan Mandal R/o Khalikpur, Baulipur, Suryapura, P.S. - Surajgarha, Dist. - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Mishra For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for offence under Section 354(B) of the Indian Penal Code.
3. Allegation, in the F.I.R., is that when the informant went to Sadar Hospital, Munger for her eye check-up with friends where technician (petitioner) took her to a room inside and told her friends to wait outside the room and told her that he will check the informant and it is alleged that this petitioner told informant that she has some problem in abdomen and vein of eye has connection with abdomen. Then he started pressing her abdomen and other parts of her body with wrong intention and
Patna High Court CR. MISC. No.19564 of 2024(2) dt.02-04-2024 2/3 when she protested, he (petitioner) started checking her eyes.
4. It is submitted on behalf of petitioner that he has been falsely implicated in this only with a view to harass and extort money from the petitioner. Petitioner is an Ophthalmic Assistant at Sadar Hospital and during refraction, due to sliding, the lens was fallen from the trial frame on the cloth of informant and petitioner lifted the lens from the cloth of informant, due to which, hot talk took place and taking undue advantage of this situation, this false and concocted case has been filed. There is no eye-witness to the alleged occurrence. It is further submitted that about 50-60 persons used to come everyday for eye checkup, but no one has made any complaint up-till-now. Petitioner is a married person and has got clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger in connection with Kotwali P.S. Case No. 19/2024, subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.19564 of 2024(2) dt.02-04-2024 3/3 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T