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Patna High CourtCR. MISC./41165/2016bail granted

Chandan Kumar Sah @ Chandan Kr. Sah v. The State Of Bihar

2016-11-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41165 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Chandan Kumar Sah @ Chandan Kr. Sah S/o Gayanand Sah Resident of village Madhura PS Forbesganj, district Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2016 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 59 of 2016, registered for the offences punishable under Sections 354(B) and other Sections of the Indian Penal Code. The informant alleged that in the night of 22.07.2016 the petitioner entered into her house and made an attempt to outrage her modesty, but on alarm many persons came and the petitioner fled away from the house of the informant. Learned counsel for the petitioner submits that the occurrence took place on 22.07.2016 but the FIR was lodged on 29.07.2016. On 27.07.2016, the petitioner filed a complaint case against Heera Devi and others and that is why the informant lodged this case. It is further submitted that Heera Devi is the first wife of Shivanand Mandal and the informant Sita Devi is the

Patna High Court Cr.Misc. No.41165 of 2016 (4) dt.15-11-2016 2/2 second wife of Shivanand Mandal, that is why Sita Devi filed the case.

Considering the facts aforesaid and the fact that on 27.07.2016 the petitioner filed a complaint case against the first wife of Shivanand Mandal and others and thereafter the second wife of Shivanand Mandal lodged this case on 29.07.2016 with regard to the alleged occurrence took place on 22.07.2016, the 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/production of a copy of this order, is directed to 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 Sub Divisional Judicial Magistrate, Araria in connection with Mahila P.S. Case No. 59 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T