Kishun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45126 of 2015 Arising Out of PS.Case No. -284 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kishun Ram son of Late Mahendra Ram, resident of Village- Amwa Majhar, Tola- Fulwari, P.S.- Bettiah Muffasil, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379 of the Indian Penal Code and 12 of the Protection of Children From Sexual Offences Act, 2012. The prosecution case is that while the informant was going to the cattle house from her house then this petitioner whistled and when she disclosed this fact to her

Patna High Court Cr.Misc. No.45126 of 2015 (2) dt.16-10-2015 mother and aunt, this petitioner came and assaulted on her head with danda and caused injury on her head. When her mother and aunt came to rescue, they were also assaulted by the petitioner and nose pin of her aunt was snatched by the petitioner.

It is submitted by the learned counsel for the petitioner that for petty dispute accusation has been levelled and there is counter version of the occurrence. Subsequently, for the occurrence of 14.05.2015 the First Information Report was registered on 01.06.2015. It is submitted that the informant has retracted from the initial version and filed a petition to that effect before learned court below. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the delayed lodging of the First Information Report and informant being retracted from his initial version, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge-cum-Special Judge, Special Court under POCSO Act in connection with Bettiah Muffasil P.S. Case No. 284 of 2015, subject to conditions as laid down

Patna High Court Cr.Misc. No.45126 of 2015 (2) dt.16-10-2015 under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T