Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7946 of 2015 Arising Out of PS.Case No. -1010 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Raj Kumar Sah son of Ram Briksha Sah resident of village- Parari, Ward no .10. P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-03-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 1010 of 2014 registered under Section-354 & other minor Sections of the Indian Penal Code. The only non-bailable section is 354 of the Indian Penal Code and rest sections are bailable in nature. The accusation against the petitioner is that he entered the house of informant and tried to establish physical relationship with the wife of the informant but submission on behalf of the petitioner is that there was serious enmity between

Patna High Court Cr.Misc. No.7946 of 2015 (3) dt.12-03-2015 2/2 the parties and prior to institution of the present case, the maternal uncle of the informant lodged a case against the family members of the petitioner, who got acquittal after full-fledged trial and after that, mother of the informant lodged case against the family members of the petitioner and this is the third attempt on behalf of the informant to implicate the petitioner in a false case. Taking into consideration the above-said facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sitamarhi P.S. Case No. 1010 of 2014 to the satisfaction of Chief Judicial Magistrate, Sitamarhi subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T