Gurudayal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4592 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Gurudayal Mandal S/o Late Dasrath Mandal, R/o Village- Laxmipur Basa (Tola), Bargaon, P.S.- Alam Nagar (Ratwara O.P.), District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 The petitioner seeks bail in anticipation of his arrest in connection with Alam Nagar (Ratwara O.P.) P.S. Case No. 244 of 2017 dated 23.10.2017 instituted for the offences under Sections 354(B), 379, 341, 323, 34 of the Indian Penal Code. The petitioner is alleged to have entered the house of the informant and made an attempt to outrage her modesty.

Learned counsel for the petitioner has submitted that he is neighbour of the informant and the reason for filing this false case is that, earlier, the petitioner had filed a complaint which led to registration of Station Diary Entry No. 895 of 2017. Thereafter, a complaint was also lodged by the wife of the petitioner against the informant and her other family members

Patna High Court Cr.Misc. No.4592 of 2018 (2) dt.02-02-2018 2/2 vide Complaint Case No. 293 of 2017. The informant of this case had taken some money as loan from the petitioner and on demand for return of the same, the present case has been lodged. Considering the fact that petitioner has been the neighbour of the informant and there is pending dispute between the parties, this Court is inclined to grant anticipatory bail to him. The petitioner, above named is directed to be released on bail, in the event of his surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bail bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Uda Kishunganj, Madhepura in connection with Alam Nagar (Ratwara O.P.) P.S. Case No. 244 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Ashutosh Kumar, J) Shageer/- U T