Sunil Kumar @ Sunil Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26843 of 2019 Arising Out of PS. Case No.-612 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== Sunil Kumar @ Sunil Kumar Tiwary S/o Surendra Tiwary, Resident of Village- Sohjana, P.S.- Gidhaur, District- Jamui. ... Petitioner

Versus

1.

The State of Bihar 2.

Smt. Rupa Tiwari, Wife of Vivek Kumar, R/O Village and P.O.- Sohjana, P.S.- Gidhaur, District- Jamui.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party :

Mr.Shaheen Begum, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 354B of the Indian Penal Code.

It is alleged that the petitioner, who happens to the neighbour of the complainant, at about 6 O'clock in the evening entered into her house and tried to outrage her modesty. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as earlier he had purchased a piece of land from Ganesh Tiwary, who is cousin father-in-law of the complainant as a result of which the relation between the petitioner and the complainant became hostile and her family members mounted pressure upon the

Patna High Court CR. MISC. No.26843 of 2019(4) dt.17-07-2019 2/2 petitioner to transfer the purchased land in their favour which was not accepted by him. He further submits that being a neighour the allegation appears to be improbable that someone may enter into the house of a neighbour at 6 O' clock in presence of other inmates of the house and try to outrage the modesty. Petitioner has got no criminal antecedent. Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-III, Jamui in Complaint case no.

612C of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T