Patna High CourtCR. MISC./42122/2014bail granted

Sudama Kumar v. The State Of Bihar

2015-02-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42122 of 2014 Arising Out of PS. Case No. -97 Year- 2014 Thana -MOKAMAH District- PATNA ====================================================== Sudama Kumar s/o Sri Vishwa Mohan Singh Chauhan @ Vijendra Singh Resident of Village - Ram Nagar, Diyara, P.S. - Athmalgola, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2015 Heard both sides.

The petitioner seeks regular bail in a case registered under Sections 341, 448, 376, 511 of the Indian Penal Code. The victim alleged that she was studying in St. Joseph Convent, Barh but the petitioner was always teasing her. The father of the victim sent her to the house of her sister, Dr. Renu at Mokama. On 07.05.2014, the petitioner entered into the house of her sister but, on alarm, he fled away. It is further alleged that on 09.05.2014, the petitioner again entered into the house of her sister while she was away and made an attempt to commit rape with her.

Learned counsel for the petitioner submits that the story is quite improbable. The petitioner was in love with the

Patna High Court Cr.Misc. No.42122 of 2014 (3) dt.09-02-2015 2/2 victim but when the sister and other relatives of the victim saw the petitioner, the petitioner was apprehended and they all assaulted the petitioner. The petitioner is in jail since 10.05.2014. It is submitted that the petitioner has remained in jail for last eight months.

It appears that the petitioner is alleged to have made an attempt to outrage the modesty of the victim but he could not succeed. The petitioner has got two criminal cases but those cases are of different nature.

Considering the facts aforesaid and the fact that the petitioner has already remained in jail for more than eight moths, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ran Bijay Kumar, Judicial Magistrate 1st Class, Barh, Patna in Mokama P.S. Case No. 97 of 2014.

(Prabhat Kumar Jha, J) Dilip/- U T