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Patna High CourtCR. MISC./65981/2018bail granted

Bhairo Sah v. The State Of Bihar

2018-12-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65981 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== Bhairo Sah Son of Ram Chander Sah Resident of Village-Rariya P.S. Govindganj (Areraj O.P.)Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar Choudhary For the Opposite Party/s :

Mr.Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 42 of 2018, registered under Sections 341, 448, 354(A), 354(B), 323, 506, 376 and 511 of the Indian Penal Code.

Petitioner is said to have tried to outrage the modesty of the informant by striping her attire and squeezing her breast after entering into her house at night while she was asleep. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case as he refused to execute the land in favour of the informant, who happens to be Gotni of

Patna High Court Cr.Misc. No.65981 of 2018(2) dt.21-12-2018 2/2 his sister. Citing the impugned order, he has further submitted that learned court below after going through various paras of the case diary, observed that witnesses have stated that false case has been lodged against the petitioner by the informant. In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Mahila P.S. Case No. 42 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) sushma/- U T