Manoj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4020 of 2015 Arising Out of PS.Case No. -267 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ====================================================== Manoj Sahani, Son of Bindeshwar Sahani, Resident of Village Bashi Tara, P.S. Tajpur, District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioner apprehends his arrest in Tajpur P.S. Case No. 267 of 2014, registered for the offence punishable under Sections 354, 380 and other Sections of the Indian Penal Code. The informant made allegation that the petitioner and other accused persons entered into her house. The petitioner is alleged to have made attempt to outrage her modesty and thereafter took different articles from the house. Learned counsel for the petitioner submits that prior to lodging of this case, the petitioner filed Tajpur P.S. Case No. 231 of 2014 under Section 307 and other sections of the Indian Penal Code against the informant, her husband and others. The present case is filed to save her skin. The informant filed

Patna High Court Cr.Misc. No.4020 of 2015 (2) dt.29-01-2015 2 / 3 Complaint Case No. 1453 of 2014 after four days of the occurrence and thereafter on the basis of which present First Information Report was lodged. It is further submitted that all other accused persons have already been enlarged on anticipatory bail by the learned court below but since there is allegation against the petitioner that he made an attempt to outrage her modesty, the prayer for anticipatory bail of the petitioner was rejected. It is submitted that the allegation is false and concocted and the same is made with a view to save the informant and her family members. On perusal of the records, it appears that prior to lodging of the present case, the petitioner filed Tajpur P.S. Case No. 231 of 2014 against the informant, her husband and others.

The informant has alleged that the date of occurrence is 20.07.2014 but she filed the complaint case on 27.07.2014 on the basis of which the present First Information Report was lodged. Having considered the facts and circumstances aforesaid, petitioner Manoj Sahani, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.4020 of 2015 (2) dt.29-01-2015 3 / 3 Samastipur in connection with Tajpur P.S. Case No. 267 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Sanjay/- U T