Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.711 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================

1. Pramod Sah Son of Jagdish Sah R/o Vill - Dorepur, P.S. - Nanpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioner apprehends his arrest in Nanpur P.S. Case No. 23 of 2014, registered for the offences punishable under Sections 376, 511 and some other Sections of the Indian Penal Code.

The informant alleged that when she came out from her house, the petitioner along with Narendra Mahto, Radheshyam Sah and Ram Pravesh Sah made an attempt to outrage her modesty.

Learned counsel for the petitioner submits that the occurrence is said to have taken place on 03.12.2013, but the informant filed petition before the S.P. on 04.12.2013, on the basis of which present FIR was lodged on 14.10.2014. The informant

Patna High Court Cr.Misc. No.711 of 2015 (4) dt.21-01-2015 filed complaint case no. 376 of 2013, making same and similar allegation, but the complaint was dismissed. One Sushila Devi lodged a case against the informant and others prior to the present case. The complainant again filed complaint case no. 529 of 2013 with regard to the same occurrence dated 03.12.2013 and the aforesaid complaint case no. 529 of 2013 was also dismissed for non-prosecution.

Considering the facts aforesaid and the fact that the complainant is in the habit of filing of the case and the co-accused has already been granted anticipatory bail, the petitioner, 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case No. 23 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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