Krishna Patel @ Krishna Kumar Patel v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67183 of 2018 Arising Out of PS. Case No.-772 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Krishna Patel @ Krishna Kumar Patel Son of Dashrath Patel @ Dasrath Singh Patel, Resident of Village- 215 Deoria Near School, P.S.- Maharajganj, District- Siwan.
... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Sarswati Devi, W/o Rakesh Sahi, R/o Vill- Palerha, P.S.- Maharajganj, DistSiwan. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 772 of 2018, registered under Sections 292(D), 294, 337, 338, 354, 379, 500, 506 and 509 of the Indian Penal Code and Sections 3 and 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
The allegation against the petitioner, as per the complaint, is that while complainant's daughter was returning from Computer class, she was accosted by the petitioner, who misbehaved with her. On 09.04.2018 the petitioner left obscene pamphlet near the house and road passing from the
Patna High Court CR. MISC. No.67183 of 2018(6) dt.07-08-2019 2/3 complainant's house, upon query the complainant was manhandled by the petitioner and her clothes were torn, one person has also snatched her purse containing Rs. 590. Learned counsel for the petitioner submits that petitioner is student and has falsely been implicated due to village politics, the petitioner resides in the same locality and except Section 354 all the offences are bailable in nature. He further submits that notice was issued to O.P. No.2, but, despite notice, nobody has appeared for O.P. No.2.
After having heard learned counsel for the parties and taking into consideration the fact that the petitioner is student and resides in the same locality and petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Complaint Case No. 772 of 2018; subject to condition as laid down hereinabove and under Section 438(2) of
Patna High Court CR. MISC. No.67183 of 2018(6) dt.07-08-2019 3/3 the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Katyayan/- U T