Brij Kishore Bhagat @ Brij Kishore Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41255 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Brij Kishore Bhagat @ Brij Kishore Kushwaha, Son of Chhabilal Bhagat, Resident of village- Parsouni, Police Station- Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Subhash Kumar, Advocate For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 448, 354 of the Indian Penal Code.

The prosecution case is that on 11.04.2015 when the informant was alone in her house, the petitioner entered in her house and tried to outrage the modesty of the informant.

It is submitted by the learned counsel for the petitioner that petitioner is agnate of the informant. The petitioner lodged Kateya Police Station Case No. 95 of 2014 on 11.05.2014 against Ashok Kumar Kushwaha, uncle of the informant levelling accusation under Section 341, 323, 337, 379, 506/34 of the Indian Penal Code, thereafter the uncle of

Patna High Court Cr.Misc. No.41255 of 2015 (2) dt.08-10-2015 the informant lodged Kateya Police Station Case No. 108 of 2014 against the petitioner and his wife levelling accusation under Section 379 of the Indian Penal Code in the background of land dispute and dispute due to money transaction the present case has maliciously been lodged on 12.04.2015 at 9.00 A.M. for the occurrence of 11.04.2015 at 6.30 P.M. Considering the fact that the case lodged by the petitioner's side at the earlier point of time against the informant, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Mahila) P.S. Case No. 17 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T