Sunil Singh @ Kari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27523 of 2019 Arising Out of PS. Case No.-347 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Sunil Singh @ Kari Singh, aged about 36 years, Male, Son of Shri Maksudan Singh Resident of Village - Nayanagar, P.S.- Hasanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bina Devi, aged about 36 years, Female, Wife of Sita Ram Das Resident of Village Nayanagar, P.S.- Hasanpur, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2019 Heard both sides.

Petitioner apprehends his arrest in connection with C.R. No.347 of 2015, for the offences allegedly committed by the petitioner under Sections 323 and 354 of the Indian Penal Code. The complainant alleged that when she had gone to attend the call of nature, the petitioner caught her from behind and made an attempt to outrage her modesty after putting her down on the ground.

Learned counsel for the petitioner submits that the allegation is false and concocted. No occurrence as alleged by the complainant has ever taken place. In fact the father of the petitioner filed a complaint case on 21.03.2015 (Annexure-2) alleging that Sita Ram Das, the husband of the complainant and

Patna High Court CR. MISC. No.27523 of 2019(2) dt.26-04-2019 2/2 others used to create nuisance after taking liquor. The said complaint petition of the father of the petitioner was sent to the police station for report and thereafter the police also reported that the husband of the complainant and others used to create nuisance after taking liquor. On such the complainant at the instance and instigation of her husband lodged the present complaint case making false allegation.

Considering the facts aforesaid and the fact that prior to institution of the present complaint case, the father of the petitioner had lodged complaint against the husband of the complainant and others, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 the learned A.C.J.M.-III, Rosera in connection with C.R. No.347 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T