Mahendra Rai v. The State Of Bihar

eIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51190 of 2016 Arising Out of PS.Case No. -146 Year- 2016 Thana -DULHIN BAZAR District- PATNA ====================================================== Mahendra Rai, Son of Late Bithat Ray, resident of village- Harpura, Police Station- Dulhin Bazar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Helal Ahmad, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 354(B), 376 and 511 of the Indian Penal Code.

It is alleged that on the date of occurrence while the informant had gone for walking, the petitioner teased her, torned her blouse and tried to do wrong with her. The daughter of the informant Pinki Kumari was with her. When they raised alarm, the petitioner fled away.

It has been submitted that it is mentioned in paragraph-43 of case diary, that the petitioner is suffering from mental disease and his treatment is going on in Bihar Rajya Mansik Swasth Sansthan. The prescription of the said institution

Patna High Court Cr.Misc. No.51190 of 2016 (3) dt.17-01-2017 2/2 has been annexed by the petitioner vide Annexure-2. There is mere allegation against the petitioner of tearing her blouse and teasing her. Besides this, there is no specific allegation against him.

Considering the aforesaid facts and circumstances of the case, let the petitioner in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Dulhin Bazar P.S. Case No. 146 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Danapur, subject to the conditions as laid down under Section 438

(2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T