Rohit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48475 of 2014 Arising Out of PS.Case No. -181 Year- 2014 Thana -KATORIA District- BANKA ====================================================== Rohit Sharma, Son of Jagat Sharma, resident of Village - Teliyadih, P.SKatoria, District - Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2015 The petitioner is apprehending his arrest in connection with Katoria(Jaipur) P.S. Case No. 181 of 2014 for the offences instituted under Sections 376/511 of the Indian Penal Code. Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that on the alleged date and time of the occurrence, the petitioner came to the Kirana shop of the informant and demanded Bidi on which the informant provided him the same. It is alleged that thereafter when she moved ahead the petitioner caught her hand and dragging her with bad intent and on protest being made he caught the body of the informant and started pressing her mouth. On alarm being made her Dewar Subodh Sharma came there and saved her prestige. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.48475 of 2014 (3) dt.20-05-2015 2 / 2 alleged date of occurrence is said to be 10.07.2014 but the present case has been instituted on 15.07.2014. There is delay of five days in instituting the case for which prosecution has given no explanation. Further it has been submitted that vide Annexure-2 to the present application, the matter has been settled between the parties due to intervention of the well-wishers. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the fact that the matter has already been settled between the parties vide Annexure-2, 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 eight weeks from today in connection with Katoria(Jaipur) P.S. Case No. 181 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T