Rameshwar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20421 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Rameshwar Singh, S/o Jagarnath Singh,

2. Ritesh Singh S/o Rameshwar Singh, Both are R/o Dudhani Kamarpur, P.S.- Buxar (Muffasil), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlendu Shekhar, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 354B, 448 and 506 of the Indian Penal Code. The prosecution case as per the written report of Soni Kumari dated 13.01.2018 submitted to the Station House Officer, Buxar Muffasil P.S. is to the effect that on 13.01.2018 the petitioners being the neighbours of the informant entered into her house and assaulted, abused and outraged her modesty. It is submitted by learned counsel for the petitioners that the accusation has been levelled in the

Patna High Court Cr.Misc. No.20421 of 2018 (2) dt.17-04-2018 background of some dispute between the parties from before. The FIR was registered on 13.01.2018 at 2.30 P.M. but it reached to the Court of learned Chief Judicial Magistrate, Buxar on 15.01.2018 which suggests that the same has been antedated. The only non-bailable offence alleged is under Section 354B I.P.C. but the same is not made out. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Considering the nature of accusation and the statement made in paragraph 3 of the petition that the petitioners are not having any 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Buxar in connection with Buxar (Muffasil) P.S. Case No. 14 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T