Golu Das @ Nikhil Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32307 of 2024 Arising Out of PS. Case No.-576 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== Golu Das @ Nikhil Das son of Shiv Kumar Das @ Sikku Das C/o- Das Market Moh- Maharana Pratap Nagar Islampur Ps- Islampur Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-05-2024 Heard Mr. Anil Kumar Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Islampur P.S. Case No. 576 of 2023, registered for the offences punishable under Section 354(B) of the Indian Penal Code.
3. As per the prosecution story, the allegation against the petitioner is of eve-teasing while the informant was going to college. Further allegation has been levelled that despite protest and information given to the family member of the petitioner, the petitioner has not mend his ways leading to lodging of the FIR.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32307 of 2024(2) dt.27-05-2024 2/3 petitioner contends that in fact both the parties are neighbours and because of some dispute the present FIR has been instituted. It is next contended that during the investigation no independent witnesses have come forward to support the prosecution case that apart the petitioner undertakes that he will fully cooperate in the investigation or the proceeding of the Court.
5. On the other hand, learned counsel for the State vehemently opposes the pre-arrest bail application and submits that the narration made in the FIR clearly demonstrate that how the petitioner is indulged in eve-teasing.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that both the parties are neighbours and the petitioner undertake that he will not indulge in such type of activities, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 576 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the
Patna High Court CR. MISC. No.32307 of 2024(2) dt.27-05-2024 3/3 further condition that one of the bailors shall be the own/close family members of the petitioner and further condition that if the petitioner shall be found indulged in such type of activities in future, the informant shall be at liberty to file an application before the jurisdictional court for cancellation of his bail. (Harish Kumar, J) tusharika/- U T