Patna High CourtCR. MISC./6010/2015bail granted

Kamlesh Choudhary v. The State Of Bihar

2015-02-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6010 of 2015 Arising Out of PS.Case No. -11 Year- 2013 Thana -KALUAHI District- MADHUBANI ======================================================

1. Kamlesh Choudhary Son of late Yogendra Choudhary, resident of Village- Bhalani, P.S.- Kaluahi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Anita Kumari Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 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, 448, 376/511 of the Indian Penal Code.

Accusation is that the petitioner attempted to establish forceful physical relationship with the informant. It is submitted by the learned counsel for the petitioner that even assuming the accusation at best a case under Section 354 is made out and for the initial occurrence dated 28.03.2013, the First Information Report has been registered on 01.04.2013, on the basis of the written report the informant dated 01.04.2013 The informant earlier also filed a case of similar nature in the year 2013. There is no medical report of the victim on record.

Patna High Court Cr.Misc. No.6010 of 2015 (2) dt.13-02-2015 Considering the aforesaid facts, let the above named petitioner be released on anticipatory 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 Chief Judicial Magistrate, Madhubani in connection with Kaluahi P.S. Case No. 11 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T