Neyaj Dewan @ Niyaj Dewan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23601 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- BALTHAR District- West Champaran ====================================================== NEYAJ DEWAN @ NIYAJ DEWAN Son of Muslim Dewan R/o villageBaisakhwa, P.S.- Gopalpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2019 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the bail petition.
Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Balthar P.S. Case No. 104 of 2018 registered under Sections 376 and 511 of the Indian Penal Code and Section 37(c) of Bihar Prohibition and Excise Act, 2016.
The accusation is that in the evening of 30.10.2018, petitioner reached at the house of the informant and sat on her bed and started using filthy language and tried to caught hold
Patna High Court CR. MISC. No.23601 of 2019(2) dt.12-04-2019 2/2 her hand and in between her clothe has torn. Petitioner has also tried to cover her mouth with intention to outrage her modesty.
The learned counsel appearing on behalf of the petitioner submits that petitioner is not resident of the same village rather he was passing through her village and on mere suspicion petitioner has falsely been implicated in this case. Further submission is that when the petitioner was remanded, he was not put on breath analyzer for test of consumption of alcohol. Petitioner has no criminal antecedent and he is in jail since 31.10.2018.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Balthar P.S. Case No. 104 of 2018. (Rajendra Kumar Mishra, J) sushma/- U T