Saurabh Kumar @ Shyamakant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51508 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -MAHILA PS District- JEHANABAD ====================================================== Saurabh Kumar @ Shyamakant Kumar, Son of Sri Pankaj Kumar, Resident of Village-Nandana, Police Station-Ghosi in the District of Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 03-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No.54 of 2017 registered under Sections 341, 323, 354, 376, 511 and 506 of the Indian Penal Code besides Section 8 of the POCSO Act.

The accusation is that the petitioner being the relative of the informant used to come at the parental house of the informant. In that course, the petitioner tried to outrage the modesty of the informant. On 30.07.206, the petitioner made attempt to commit rape on the informant but, on alarm being raised by the informant, the petitioner fled away from there causing assault to the

Patna High Court Cr.Misc. No.51508 of 2017 (2) dt.03-11-2017 2/3 informant through fists and slaps. Since the petitioner was the relative of the informant, she did not lodge the case against the petitioner in time.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the nephew of the informant in relation and the present case has been lodged by the informant only to put undue pressure upon the petitioner so that the petitioner could perform his marriage with her while neither the family members of the petitioner nor the family members of the informant were ready to perform the marriage of the informant with the petitioner. Further submission is that, in course of investigation, Ranju Devi, Avinash Sharma and Naresh Sharma, the mother and other family members of the informant, respectively, have denied about the occurrence, as alleged in the F.I.R., saying that on the alleged date, the petitioner has not come at the house of the informant. The petitioner has no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.51508 of 2017 (2) dt.03-11-2017 3/3 Additional Sessions Judge-I, Jehanabad, in connection with Jehanabad Mahila P.S. Case No.54 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T