Patna High CourtCR. MISC./53183/2017bail granted

Ram Sobhit Singh And ANR v. The State Of Bihar

2017-11-09Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53183 of 2017 Arising Out of P.S.Case No. -22 Year- 2017 Thana -MAHILA P.S. District- SAMASTIPUR ======================================================

1. Ram Sobhit Singh, S/o Late Ram Khelawan Singh,

2. Gopal Singh @ Gunjan, S/o Ram Shankar Singh, Both R/o Village Siropatti Tolla Sirah, P.S. Khanpur, Distt.- Samastipur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-11-2017 Heard.

2. The petitioners apprehend arrest in connection with Mahila P.S.Case No.22 of 2017 registered for an offence under Sections 448, 341, 323, 354, 504 and 506/34 of the IPC.

3. The informant in his typed report submitted before SHO of Mahila police station has stated that in the morning of 25.09.2017 altogether four persons entered into her house with intention to outrage her modesty and on protest they assaulted by chair on her hand.

4. Learned counsel for the petitioners submits that the petitioners and informant are descendants of common ancestor and on account of land dispute, the present FIR has been lodged with false and frivolous allegation. It is not believable that two full

Patna High Court Cr.Misc. No.53183 of 2017 (2) dt.09-11-2017 2/2 brother and their son would go to commit such crime. The allegation of outrage modesty has been leveled only to make the offence serious. There is also delay of one and half month in lodging the FIR.

5. Considering the nature of allegation facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Samastipur in connection with Mahila P.S.Case No.22 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T