Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3571 of 2016 Arising Out of PS.Case No. -82 Year- 2015 Thana -AGIAUN District- BHOJPUR ====================================================== Saroj Kumar, S/o Sudarsan Singh, resident of village- Chaiyanchak, P.S.- Agiaon (G), District- Bhojpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Ataul Haque, Advocate For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 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, 353, 354B, 379, 504/34 of the Indian Penal Code.
The prosecution case is that the informant being the Headmistress of the Upgraded Middle School, Chayachak was distributing the scholarship and amount of dresses to the students on 04.08.215 at 10.30 A.M. In the meantime, the petitioner and villagers entered into the room of the Headmistress and demanded scholarship and dress for his niece Shail Priya, which was denied by the
Patna High Court Cr.Misc. No.3571 of 2016 (2) dt.22-01-2016 informant, since she is not the student of the school, whereupon the petitioner pushed the informant on the ground and make an attempt to undress her. It is also alleged that petitioner and others took away Rs. 87,400/- and gold chain of the informant.
It is submitted by the learned counsel for the petitioner that for the occurrence of 04.08.2015 the First Information Report was registered on 13.08.2015. The mother of the informant was Headmistress of the said school, but retired on 31.01.2014, who returned the allotted construction amount of the school, when the informant was insisting to start the construction. Hence, as a retaliatory measure, the present case has been lodged. It is further submitted that petitioner has submitted a complaint against the informant for not distributing the scholarship amount and the dresses to the students properly to the S.P. and other authority, hence, the present case has been lodged. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the delayed lodging of the case, 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 Smt. Divya Jaiswal,
Patna High Court Cr.Misc. No.3571 of 2016 (2) dt.22-01-2016 J.M., Ist Class, Ara in connection with Agiaon (Garahni) P.S. Case No. 82 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T