Brij Kishore Hazra @ Braj Kishore Hazra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25569 of 2016 Arising Out of PS.Case No. -378 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Brij Kishore Hazra @ Braj Kishore Hazra S/o Bigu Hazra, Resident of Village- Auraiya, Mauje Tola, P.S.- Bettiah Mufassil (Banu Chhapar), District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 8, 10 of the Prevention of Children from Sexual Offences Act. Prosecution case is that the informant was in his field. When his daughter, aged about 12 years, was alone in the house, the petitioner entered into the house and caught the hand of the daughter of the informant. When she made protest, then the petitioner tried to give her money. On alarm being raised by the daughter of the informant, the petitioner escaped. It is submitted by the learned counsel for the petitioner that the petitioner is agnate of the informant and for a petty dispute the accusation has been levelled. On conclusion of investigation

Patna High Court Cr.Misc. No.25569 of 2016 (2) dt.27-06-2016 final report was submitted under sections 341, 323 and 504 of the Indian Penal Code but differing with the final form the learned Magistrate took cognizance of the offence under sections 341, 323 and 504 of the Indian Penal Code and section 8 of the Prevention of Children from Sexual Offences Act. Both the parties have filed a compromise petition, which has been brought on record as Annexure 5.

Considering the fact that that on conclusion of investigation final report was submitted under sections 323, 341, 504 of the Indian Penal Code and the parties have compromised the dispute, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within a period of twelve weeks from today, be released 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 1st Addl. District and Sessions Judge, West Champaran at Bettiah in Bettiah Muffasil (Banuchhapar) P.S.Case No. 378/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Surendra/- U