Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55554 of 2015 Arising Out of PS.Case No. -244 Year- 2015 Thana -DHANARUA District- PATNA ====================================================== Deepak Kumar Son of Dinanath Prasad Resident of Village- Nai Haweli Nadma, P.S. Dhanaura, Distt- Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail custody since 04.07.2015 in connection with Dhanarua P.S. Case No. 244/2015 for the offences alleged under Sections 448, 341, 323, 376, 511, 427, 436, 504 and 506 of the Indian Penal Code. The prosecution case as alleged by the informant is that on 02.07.2015 in the night at about 10 .00 P.M. the informant Poonam Kumari aged about 18 years was sleeping in her house. Then one Deepak Kumar (petitioner), her neighbour, entered into her house and tried to outrage her modesty. When the informant opposed and started raising alarm, then her mother Hemanti Devi arrived there to save her but the petitioner assaulted her. When the

Patna High Court Cr.Misc. No.55554 of 2015 (2) dt.19-01-2016 2/3 people of mohalla assembled there, the petitioner abused them and assaulted one Urmila Devi with belt due to which she received bleeding injury in her hand. It is further alleged that he also set on fire the house of her elder sister Anju Devi due to which some portion of the roof was burnt to ashes.

It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in the said case being the next door neighbour of the informant. It has been submitted by the counsel for the petitioner that no injury has been caused on any person.

It has been further submitted that the charge-sheet has already been submitted against the petitioner and there is no chance of tampering with evidence.

However, learned A.P.P. submits that there are materials against the petitioner to support the allegations as made out in the First Information Report.

Considering the facts that the petitioner is the next door neighbour and there is some village politics and charge-sheet has been submitted against this petitioner, it is directed that the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Hareram, Judicial Magistrate 1st Class,

Patna High Court Cr.Misc. No.55554 of 2015 (2) dt.19-01-2016 3/3 Masaurhi in connection with Dhanarua P.S. Case No. 244/2015. (Nilu Agrawal, J.) Rakhi U T