Patna High CourtCR. MISC./6416/2016bail granted

Dharmendra Sahani v. The State Of Bihar

2016-02-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6416 of 2016 Arising Out of PS.Case No. -845 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Dharmendra Sahani Son of Laldeo Sahani Resident of Village -Chaturi Punas, P.s Ahiyapur, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case is that on 10.09.2015 the petitioner outraged the modesty of the informant and tried to ravish her.

It is submitted by the learned counsel for the petitioner that for the occurrence of 10.09.2015 at 9.30 P.M. the First Information Report was registered on 11.09.2015 at 7.55 P.M., whereas the brother of petitioner Rajiv Kumar lodged Ahiyapur P.S. Case No. 367 of 2015 on 01.05.2015 levelling accusation under Sections 341, 323, 324, 379, 504/34 of the

Patna High Court Cr.Misc. No.6416 of 2016 (2) dt.11-02-2016 Indian Penal Code against the father and brother of the informant, whereas the father of petitioner namely Laldeo Sahani filed Complaint Case No. 2187 of 2015 on 10.08.2015 levelling accusation under Sections 323, 504, 120B, 420 of the Indian Penal Code against the father and brother of the present informant. There is no medical report of the informant on record.

Considering the delayed lodging of the F.I.R. and the cases lodged by the petitioner's side at earlier point of time, coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 845 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T