Uday Prasad @ Uday Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38273 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -GAYA HARIZAN District- GAYA ======================================================

1. Uday Prasad @ Uday Kumar son of Late Punpun Mahto.

2. Gudia Devi.

3. Resham Kumar @ Resham Kumari @Resham. Both daughters of late Punpun Mahto

4. Sunaina Devi W/o Late Punpun Mahto.

All are residents of village- Mastipur, near Konark Hotel, Katorwa Road, Police Station- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kr. Sinha, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504/34 of the Indian Penal Code and 3(1) (x) (xi) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that on confining the informant at a lonely place the accused persons abused and assaulted the informant and petitioner no. 1 namely Uday Prasad @ Uday Kumar caused injury on the breast and tried to outrage the modesty of the informant. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38273 of 2015 (2) dt.28-09-2015 petitioners that for the occurrence of 26.04.2015 the First Information Report was registered on 02.05.2015, whereas the sister of the petitioners made complain to Officer-in-charge, Bodh Gaya Police Station against the husband of the informant on 14.06.2015 levelling accusation of assaulting and making an attempt to outrage the modesty of the sister of the petitioners. Statement has been made in para-11 of the petition that injury report is not on the record. Moreover, the accusation of causing assault is against co-accused Uday Prasad @ Uday Kumar. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the fact that the petitioners' side made complaint at the earlier point of time, let the above named petitioners be released on bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with S.C./S.T. P.S. Case No. 21 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T