Patna High CourtCR. MISC./14885/2017bail granted

Khagesh Sharma v. The State Of Bihar

2017-06-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14885 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -SONVARSA RAJ District- SAHARSA ======================================================

1. Khagesh Sharma, S/o Late Garib Sharma, resident of Village- Bhada, P.S.- Sonvarsa Raj, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2017 Heard both sides.

The petitioner seeks bail in Sonvarsa Raj P.S. case No. 167 of 2016 under Section 376/511 and other Sections of the Indian Penal Code.

The informant alleged that on 11.12.2016 the petitioner caught her and made attempt to commit rape with her. She raised alarm. Many persons came and saved the informant. The learned counsel for the petitioner submits that the occurrence took place on 11.12.2016 but the informant filed the case on 13.12.2016. The true facts are that on the same date, i.e. on 13.12.2016, Sonvarsa Raj P.S. case No. 166 of 2016 was registered on the fard bayan of Pappu Sharma, brother of the petitioner, against the husband and other family members of the

Patna High Court Cr.Misc. No.14885 of 2017 (4) dt.20-06-2017 2/2 informant that they brutally assaulted Khagesh Sharma, younger brother of Pappu Sharma on the allegation that he made attempt to outrage the modesty.

It appears that case and counter case have been lodged. The petitioner is in jail since 14.12.2016. The petitioner has already remained in jail for more than six months. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner 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 Chief Judicial Magistrate, Saharsa in Sonvarsa Raj P.S. Case No. 167 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T