Ranjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24094 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -KORHA District- KATIHAR ======================================================
1. Ranjan Singh Son of Awadhesh Singh, Resident of Village Shiwadih, P.S. Korha, District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.
The prosecution case is that on 30.11.2013 at 2.00 P.M. while the informant was alone at her house, the petitioner came and on false pretext that father of the informant mate with an accident and admitted in Katihar Sadar Hospital took her outdoor and keep her at several places for 2-3 hours, thereafter took her to Katihar Railway Station and outraged her modesty. In the
Patna High Court Cr.Misc. No.24094 of 2016 (2) dt.30-05-2016 meantime, father of the informant came there, the petitioner escaped from the scene.
It is submitted by the learned counsel for the petitioner that for the occurrence of 30.11.2013, the complaint was filed on 03.12.2013 which came to be registered as police case on 14.03.2016. At earlier point of time the informant lodged Korha P.S. Case No. 33 of 2013 levelled accusation under Section 376 of the Indian Penal Code against the petitioner, but on conclusion of investigation petitioner was not sent up for trial and Final Form was submitted. Subsequently matter proceeded on Protest-cum-Complaint Case No. C.A. 2405 of 2013 which was also dismissed vide order dated 11.11.2013 by learned Chief Judicial Magistrate, Katihar and thereafter the present complaint was filed on 03.12.2013. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the unreasonable accusation, the delayed lodging of the complaint and earlier accusation being false and concocted, 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,
Patna High Court Cr.Misc. No.24094 of 2016 (2) dt.30-05-2016 Katihar in connection with Korha P.S. Case No. 57 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) P.K./- U T