Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74916 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== Manoj Kumar Sah, Son of Late Sitaram Sah, Resident of Nageshwar Asthan, Ward No.1, Pupri Bazar, Pani Tanki, P.S. Pupri, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 448, 376, 511 and 506 of the Indian Penal Code.

Petitioner is said to have tried to outrage the modesty of the informant by intruding into her house in the night.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has committed no offence. No such occurrence as alleged ever took place. As a matter of fact, petitioner has made a complaint before the S.D.O. against the then incharge of the P.S. Pupri namely Ram

Patna High Court CR. MISC. No.74916 of 2018(4) dt.13-03-2019 2/2 Niwas Thakur for claiming bribe in submitting report in favour of the petitioner in the case filed under Section 144 Cr.P.C. and also assaulting him and finding the case true against the aforesaid police officer, S.D.O. has recommended to take disciplinary action against him and being peeved with it, the aforesaid incharge of P.S. Pupri has got the aforesaid case lodged taking the informant and the present incharge of the P.S. in collusion. There is no eye witness of the occurrence. Petitioner has no criminal antecedent and has been languishing in custody since 19.07.2018.

Learned APP for the State opposed the prayer for bail.

In the facts and circumstances of the case, 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 S.D.J.M., Pupri, Sitamarhi in connection with Pupri P.S. Case No. 289 of 2018.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T