Patna High CourtCR. MISC./28003/2016bail granted

Kiran Mahaldar v. State Of Bihar And ANR

2016-09-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28003 of 2016 Arising Out of P.S. Case No. -560 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Kiran Mahaldar, S/o Tulsi Mahaldar, R/o village Madhura, P.S. Korha, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Mairun Nisha, wife of Md. Ashlam, resident of Village - Mathura, P.S. Korha, Dist. - Katihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate. For the Opposite Party/s : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 560/2015 for offence under Section 354 of the Indian Penal Code.

The complainant made allegation that while she was all alone in her house, the petitioner and others came. The petitioner attempted to outrage her modesty. It is submitted that the occurrence is said to have taken place on 06.03.2015 but the complaint petition was filed on 10.03.2015. Rani Devi, wife of the petitioner, lodged Korha P.S. Case No. 49/2015 under Section 376, 511 of the Indian Penal Code against the husband of the complainant and others for the same occurrence which took place on 06.03.2015. It is submitted that there is case and counter-case.

Patna High Court Cr.Misc. No.28003 of 2016 (2) dt.02-09-2016 2/2 Considering the facts that the occurrence took place on 06.03.2015 and the complaint itself was filed after four days of the occurrence although with regard to the same occurrence the wife of the petitioner also lodged an FIR, being Korha P.S. Case No. 49/2015, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 Sri B.B. Rai, Judicial Magistrate, 1st Class, Katihar in Complaint Case No. 560/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Dilip/- (Prabhat Kumar Jha, J) U T