Haresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65932 of 2018 Arising Out of PS. Case No.-417 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== Haresh Kumar, Son of Late Uday Sharma, Resident of Village- Nimda, P.S.- Kadirganj, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dhananjay Kumar, Adv.

For the Opposite Party :

Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 354(B), 354(D) and 448 of the Indian Penal Code.

Petitioner is in jail custody since 16.08.2018 on the charges that he used to tease the informant and made attempt to outrage her modesty by entering into her room. Submission on behalf of the petitioner is that the petitioner is quite innocent and as a matter of fact, due to some misconception and previous dispute, the informant lodged this case. However, learned counsel appearing for the petitioner submits that the mother of the petitioner shall give an

Patna High Court Cr.Misc. No.65932 of 2018(2) dt.22-11-2018 2/2 undertaking to this effect that in future petitioner shall not commit such type of offence.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioner in jail custody, let the petitioner, above named, be released 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 Additional Chief Judicial Magistrate-X, Patna in connection with Patrakar Nagar P.S. Case No. 417 of 2018, subject to condition that the mother of the petitioner shall give an undertaking before the court below to this effect that the petitioner shall not commit such type of offence in future. It is also made clear that if the informant makes any complaint before the court below in respect of ill behavior of the petitioner in future, the learned court below shall be at liberty to cancel the bail bonds of the petitioner after making due and proper enquiry. (Hemant Kumar Srivastava, J) shahzad/- rajeev U T