Shishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25048 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- MAHILA PS District- Gaya ====================================================== SHISHU KUMAR S/o Shree Chand Verma @ Shree Chand Sunar R/o Mohalla- Manpur Railway Crossing, Gopalganj Road, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner has prayed for grant of bail in connection with Mahila P.S.Case No.19 of 2018 registered for the offence under Sections 354, 323, 341, 354©, 509, 504, 506/34 of the Indian Penal Code.

The allegation as per the F.I.R. is that the petitioner is alleged to have made vulgar action from his terrace. The house of the petitioner is alleged to be in the neighbourhood of the informant. It is further submitted that on making complaint, the family members of the informant were beaten up. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false. There had

Patna High Court CR. MISC. No.25048 of 2019(4) dt.10-07-2019 2/2 been some dispute between the lady members of both the families and further there is no independent witness to support the allegation made by the informant. It is finally submitted that all the offences except under Section 354 of the Indian Penal Code is bailable and no offence under section 354 is made out against the petitioner.

Heard learned counsel for the parties.

Taking into consideration the facts and circumstances as stated above as also the fact that the petitioner has no criminal antecedent and there has been a delay of about eight days in lodging of the F.I.R., the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Gaya, in Mahila P. S. Case No.19 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Partha Sarthy, J) aks/- U