Laddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38442 of 2015 Arising Out of PS.Case No. -106 Year- 2015 Thana -DELHA District- GAYA ======================================================

1. Laddu Kumar Son of Shashi Kumar Muhalla - Tulsi Colony, Bhaluwahi Kharkhura, P.S. - Delha, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Sharma For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2015 Heard Sri. Nagendra Sharma, learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Delha P.S. Case No. 106 of 2015 registered for the offences punishable under Sections 341, 323, 504, 506, 495, 379, 554-A/34 of the Indian Penal Code.

The prosecution case is that on 09.06.2006 at about 11.30 when the informant Pramila Devi was alone in her home, petitioner along with another knocked her door and asked about her son namely Rajesh Kumar then she replied that he is in school and will return at 2 o'clock. He again knocked the door and asked to furnish his contact number, she replied about non-availability of mobile number and then she closed the door. Thereafter, petitioner again knocked the door and on opening of the door, petitioner and his colleague made criminal trespass in the house, abused the informant with filthy words telling that she had concealed her son

in the house and thereafter assaulted her in brutal manner with fist and slaps and in course thereof, tore her cloths with an intention to outrage her modesty, snatched her gold chain worth Rs. 60,000/-. She took shelter in a neighbour's house in order to save herself. On arrival of her son, she narrated about the said occurrence and thereafter went to local police station to institute the present case. It has been submitted by the learned counsel for the petitioner that petitioner has been falsely been implicated in the present case due to quarrel between the accused person and the family members of the informant because two years back, the matrimonial alliance between the informant's son Rajesh Kumar and the sister of the petitioner made no headway.

Under such circumstances, let the petitioner namely Laddu Kumar in the event of his arrest or surrender within a period of four weeks from today before the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 106 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) sushma/- U