Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41073 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -MAHILA PS District- BUXAR ======================================================

1. Jitendra Sah, Son of Late Sonalal Sah, Resident of Village- Basantpur, Police Station- Itadih in the district of Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Buxar Mahila Police Station Case No. 30 of 2018, disclosing offences under Sections 341/354(A)(I)/506 of the Indian Penal Code.

Allegation against the petitioner is of outraging the modesty of the minor daughter of informant.

It has been submitted by learned counsel for the petitioner that he has falsely been implicated in this case due to business rivalry and further learned counsel for the petitioner has stated on oath in para -11 of the petition that the informant and his husband, who are mother and father of the girl has not supported the case of prosecution. Further neither the statement of girl under Section 164 Cr.P.C. has been recorded nor she has been medically examined.

Patna High Court Cr.Misc. No.41073 of 2018 (2) dt.17-07-2018 2/2 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate -Buxar, in connection with Buxar Mahila Police Station Case No. 30 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

I.

One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

II.

The petitioners shall cooperate in the investigation and make himself available as and when required by the police and on the event on failure of his part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T