Birendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34027 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== Birendra Das , aged about 35 years, male, Son of Vitan Das Resident of Village-Nandana, P.S.-Ghoshi, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 457/354(B) of the I.P.C. Prosecution case, in short, is that on 08-03-2019 at 11:00 PM, the petitioner attempted to sexually assault the informant and on raising alarm, he fled away. Learned counsel for the petitioner submits that the petitioner is innocent having no criminal antecedent. F.I.R. has been lodged after four days of the occurrence on 12-03-2019. Panchayti has also been convened, but when the matter was not shorted out, the instant F.I.R. has been lodged against the petitioner, who is neighbor of the informant. There is land dispute between the parties.

Patna High Court CR. MISC. No.34027 of 2019(2) dt.27-05-2019 2/2 Considering the fact that the F.I.R. has been lodged after four days of the occurrence that too after Panchayati, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Jehanabad Mahila P.S. Case No. 12 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) shashi/- U T