Shailendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45021 of 2015 Arising Out of PS.Case No. -1989 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Shailendra Singh Son of Late Ado Singh, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Menka Devi wife of Manohar Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under section 354 of the Indian Penal Code.

The prosecution case is that the petitioner entered into the house of the complainant and made an attempt to ravish her. It is submitted by learned Sr. Counsel for the petitioner that the complainant is the cousin of the petitioner and father of the complainant gifted the property in favour of the petitioner, as a result, the complainant and her mother got annoyed. It is further submitted that earlier also the aunt of the complainant lodged G.R. Case No. 677/89/42/96, levelling accusation under sections 466,

Patna High Court Cr.Misc. No.45021 of 2015 (2) dt.15-10-2015 2/2 467, 420 and 120B of the Indian Penal Code wherein the petitioner and other have been granted bail. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is also submitted that on conclusion of investigation, the petitioner was not sent up for trial and Final form was submitted but on protest-cum-complaint petition, the cognizance has been taken under section 354 of the Indian Penal Code.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada in connection with Protest-cum-Complaint Case no.1989 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T