Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28424 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -KHUSRUPUR District- PATNA ====================================================== Jitendra Kumar, son of Sri Lallu Thakur, a resident of Neemtal New Colony, Police Station- Khusrupur, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar Mouar, Advocate. For the Opposite Party : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Khusrupur P.S. Case No. 05 of 2017 for the offences instituted under Sections 354, 354(A), 354(B), 342 of the IPC and 7 of POSCO Act.

The prosecution story, in brief, is that on 14.01.2017 at about 7.30 P.M., the informant went to purchase articles from Kirana Shop where Munna Kumar @ Sambhu Kumar forcefully pickup her and brought in a street and covered her face by Shawl and bit her Chick by teeth and tried to molest her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.28424 of 2017 (2) dt.06-07-2017 2/2 tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The main allegation is against Munna Kumar. After nine days, the victim has disclosed the name of the petitioner. Delay has not been explained by the prosecution.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Khusrupur P.S. Case No. 05/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T