Patna High CourtCR. MISC./17834/2018bail granted

Rupesh Sah @ Rupesh Kumar Saxena v. The State Of Bihar

2018-04-05Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.17834 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17834 of 2018 Arising Out of PS.Case No. -106 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Rupesh Sah @ Rupesh Kumar Saxena son of Ramesh Prasad Sah resident of G.P. Verma Lane, Mundichak, Police Station Tilkamanjhi, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 The learned counsel for the petitioner is permitted to correct the P.S. Case No. in para 1.

Heard both sides.

The petitioner apprehends his arrest in Kotwali(Tilkamanjhi) P.S. Case No.106 of 2018 registered under Sections 341, 323, 504, 506, 354(B) of the Indian Penal Code. The prosecutrix alleged that on 02.02.2018 while she was bathing, the petitioner entered into her bathroom and tried to outrage her modesty.

The learned counsel for the petitioner submits that the prosecutrix is aged about 40 years. The occurrence is said to have taken place on 02.02.2018 but the F.I.R. was lodged on

Patna High Court Cr.Misc. No.17834 of 2018 (2) dt.05-04-2018 16.02.2018. There is no plausible explanation for such inordinate delay.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali(Tilkamanjhi) P.S. Case No.106 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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