Devendra Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17658 of 2019 Arising Out of PS. Case No.-564 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== DEVENDRA PRASAD SHARMA S/o Late Ram Vilash Sharma R/o Village - Dilwarpur, Gobudhan, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2019 The petitioner apprehends his arrest in connection with Bidupur P.S.Case No. 564 of 2018 registered under Sections 376 and 511 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, is that informant on the date of occurrence, had gone to the house of the petitioner for doing some household work when the petitioner molested the informant and pushed her on bed and tried to commit rape. When she raised noise, she was saved by one Anil Mahto and Pramila Devi.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dirty village politics. He further submits that petitioner is an old man aged about 78 years and has retired from the post of Dy.S.P., Mizorem Police in the year 1999. In support of his age, petitioner has annexed copy of the AADHAR card as Annexure-

Patna High Court CR. MISC. No.17658 of 2019(4) dt.15-07-2019 2/2

2. Learned counsel for the petitioner further submits that he has got two sons, one is working in Bank and another son is residing outside of India and petitioner resides in the village with his two maternal grand daughters. Learned counsel further submits that the present case has been lodged at the behest of Braj Kishore Singh and others against whom the petitioner had lodged a Complaint Case being No. 2467 of 2016 under various sections of the Indian Penal Code and Section 3(1)(x)(iv) of the SC/ST (Prevention of Atrocity) Act.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner is 78 years old and he had lodged a case against some of the persons of his village and further petitioner is residing in village with his maternal grand daughters as such I am inclined to grant anticipatory bail to the petitioner. Accordingly, provisional bail granted vide order dated 26.03.2019 to the petitioner is hereby confirmed and the bail bond furnished by the petitioner shall be treated to be bail bond submitted pursuant to this order. (Anil Kumar Sinha, J) sujit/- U T