Sunil Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39798 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================
1. Sunil Mehta, Son of Laxuman Mahto @ Laxman Mehta.
2. Kaushal Kumar, Son of Jagdish Mehta.
3. Laxuman Mehta @ Laxuman Mehta, Son of Late Ghuran Mehta.
4. Binda Devi, Wife of Jagdish Mehta.
5. Sunita Devi, Wife of Sunil Mehta.
Resident of Village- Suhi Phokhar, P.S. Kutumba, District- Aurangabad. .... .... 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 RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 15-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kutumba P.S. Case No.86 of 2017 registered under Section 341, 323, 307, 354, 379 and 504/34 of the Indian Penal Code. The accusation is that on 06.06.2017 at about 07.00 P.M. in the evening, the informant had gone to attend the call of nature in the field. At that time, the petitioner no.1 Sunil Mehta and his brother Santosh Mehta with bad intention tried to outrage her modesty putting her cloths. When the informant raised alarm and tried to flee away, they tried to close her mouth forcibly but,
Patna High Court Cr.Misc. No.39798 of 2017 (2) dt.15-09-2017 2/3 anyhow, she fled away raising alarm. In the way, the petitioner nos.2, 4 and 5 and others surrounded the informant and tried to took her in the house but on raising alarm, Sheokumar Mehta and Sandeep Mehta, father-in-law and brother-in-law of the informant respectively, came and tried to rescue her. Thereafter, on the order of the petitioner no.3 Laxuman Mehta, others caused assault to the father-in-law and brother-in-law of the informant. At that time, petitioner no.1 Sunil Mehta also snatched the gold chain of the informant.
Learned counsel appearing on behalf of the petitioners submits that, in fact, due to attend the call of nature in the field, there was hot exchange of words in between the parties making the allegation to outrage the modesty of the ladies of both the parties. Regarding the same occurrence, on the basis of the fardbeyan of the co-accused Prithivi Mehta, the brother of the petitioner no.2, Kutumba P.S. Case No.85 of 2017 under Sections 341, 323, 324, 325, 326, 307, 354 and 504/34 of the Indian Penal Code is also instituted on 08.06.2017 against the family members informant.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on
Patna High Court Cr.Misc. No.39798 of 2017 (2) dt.15-09-2017 3/3 bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Kutumba P.S. Case No.86 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T