Anandshil @ Menana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26461 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ======================================================
1. Anandshil @ Menana son of Late Rabi Sarkar, R/o village- Dularpur (Sripur Colony), P.S.- Phulwaria, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Phulwaria P.S. Case No. 40 of 2015 registered for the offence under Sections-448, 341, 323, 354, 379, 504 of the Indian Penal Code.
Although there is allegation against petitioner that he entered into house of the informant and made attempt to outrage her modesty and when husband and son of the informant came there, they were assaulted by the petitioner but contention on behalf of the petitioner is that on the alleged date of occurrence, the family members of the informant were going to construct their house on the land of the petitioner, which was opposed by him and
Patna High Court Cr.Misc. No.26461 of 2015 (2) dt.17-07-2015 2/2 thereafter, the informant as well as her family members mercilessly assaulted the petitioner for which, petitioner lodged Phulwaria P.S. Case No. 39 of 2015 against the informant as well as her family members and in retaliation to the above-said case, the complainant lodged this false case.
Considering the aforesaid facts and circumstances as well as submission of the parties, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Phulwaria P.S. Case No. 40 of 2015 to the satisfaction of Sri Abhishek Kunal, Judicial Magistrate, Gopalganj subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T