Santosh Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37477 of 2015 Arising Out of PS.Case No. -143 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Santosh Sah

2. Banti Sah @ Banti Kumar Sah

3. Deepak Sah All are sons of Satrughan Sah resident of mohalla - Tin Pokhariya Kaliwari Road, P.S. - Mithanpura, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Learned counsel for the petitioners is permitted to make necessary correction in the petition, as prayed for.

Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447,448,323,341 and 354/34 of the Indian Penal Code and sections 8 and 12 of Prevention of Children from Sexual Offences Act.

It is alleged that the petitioners being neighbours used to tease the daughter of the informant

Patna High Court Cr.Misc. No.37477 of 2015 (2) dt.16-09-2015 2/3 for which informatory petition was filed before the court of SDM, East Muzaffarpur. On 18.6.2015 the accused persons entered into the house of the informant, tried to outrage the modesty of the informant and made assault. It is submitted by the learned counsel for the petitioners that for petty dispute the accusation has been levelled and for the occurrence of 18.6.2015 at 6 P.M. the FIR has been registered on 19.6.2015 at 1 P.M. whereas the petitioners side lodged case just prior to the case lodged by the informant. It is further submitted that there is no injury to the informant. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the lodging of the case by the petitioners side earlier than the informant and Statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court Cr.Misc. No.37477 of 2015 (2) dt.16-09-2015 3/3 Judge, POSCO Act, Muzaffarpur in connection with Mithanpura P.S. Case No.143 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T