Niwas Kumar @ Breshwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55985 of 2024 Arising Out of PS. Case No.-16 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== Niwas Kumar @ Breshwa S/O Sanjay Sharma R/O Village- Sultanpur, P.SHulasganj, Distt.- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No. 16 of 2019 registered under Sections 354(B), 509 and 506 of the Indian Penal Code.
3. As per F.I.R., on 30.03.2019, this petitioner in intoxicated condition entered the house of informant and tried to outrage her modesty.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that both parties are co-villagers. A few days prior to this occurrence, an altercation took place between the parties for fixing electric poles, for which Hulasganj P.S. Case No. 49 of 2019 was lodged
Patna High Court CR. MISC. No.55985 of 2024(2) dt.09-09-2024 2/2 against the petitioner's side, and on account of the said dispute, the present case has also been lodged against the petitioner. It is next submitted that the police after investigation has submitted final form. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 16 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T