Gopal Kumar @ Gopal Kr Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39855 of 2016 Arising Out of PS.Case No. -259 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Gopal Kumar @ Gopal Kr Kuwar S/o Chitranjan Kuwar Resident of Village- Harpur, P.S.- Barauni (Refinery), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioner seeks bail in Barauni (Refinery) P.S. case No. 259 of 2016 under Section 376, 511 and other Sections of the Indian Penal Code.

The prosecutrix alleged that petitioner entered into her room and attempted to outrage her modesty. On alarm, her family members came and caught the petitioner. The family members of petitioner had attempted to set free the petitioner but in the meantime police came and petitioner was handed over to the police.

The learned counsel for the petitioner submits that petitioner is next door neighbour of the prosecutrix. There is dispute with regard to flow of drainage of water. The petitioner

Patna High Court Cr.Misc. No.39855 of 2016 (3) dt.01-12-2016 2/2 has got no criminal antecedent and he is in jail since 07.07.2016. The petitioner has already remained in jail for about five months. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Barauni (Refinery) P.S. Case No. 259 of 2016. (Prabhat Kumar Jha, J) BKS/- U T