Manoj Sinha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10703 of 2016 Arising Out of PS.Case No. -215 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Manoj Sinha Son of Late Rahunandan Sinha,

2. Sharban Bhagat, Son of Late Ram Prasad Bhagat, Both Resident of Village - Chikni, P.S. - Barhara, District -Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code, Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act and Section 11(I) of the Protection of Children From Sexual Offences Act, 2012. The prosecution case is that informant's mother and niece were returning from a fair when 2-3 unknown accused made an attempt and outraged their modesty who were caught by the informant but the petitioners allowed them to escape from the place of occurrence. Subsequently the accused persons assaulted the informant and snatched cash of Rs. 1000/- and mobile. The petitioners also came at the door of the informant, threatened and abused by calling caste name.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.10703 of 2016 (2) dt.14-03-2016 2/2 petitioners that accusation of teasing and making an attempt to outrage the modesty is against unknown. The specific accusation of abusing by calling caste name is alleged to have been done in the house of the informant which can not be treated to be in public view.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 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 learned Additional Sessions Judge, 1st-cum-Special Judge, Purnea in connection with Special Case No. 45 of 2015, arising out of Barhara P.S. Case No. 215 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T