Shakti Kumar @ Mehtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27272 of 2017 Arising Out of PS.Case No. -110 Year- 2015 Thana -TATARPUR District- BHAGALPUR ====================================================== Shakti Kumar @ Mehtar, Son of Ashok Mehtar, of Murgiform, Lanka Toli, P.S.- K. Hat, District- Purnia.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagalpur Tarapur (University) P.S. Case No. 110 of 2015, registered under Sections 420, 363, 379 and 323/34 of the Indian Penal Code.

The accusation is that informant Nirmala Devi was accompanied by her aunt Chanri Devi and Khusboo Kumari for Bhagalpur market. In the market, she was served Sanpapri by Chanri Devi then she become unconscious and she regained her consciousness at Purnia bas stand along with Khusboo Kumari, when she made enquiry then Khusboo Kumari silent her and she was brought at the house of the petitioner. Thereafter, this petitioner used to take work after locking her in the house and

Patna High Court Cr.Misc. No.27272 of 2017 (3) dt.14-07-2017 2/2 she was also being assaulted. On 27.08.2015, when petitioner was not present in his house, informant succeeded to flee away from the house of the petitioner and reached at her house. Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that there is no allegation of causing physical or sexual assault to the informant by the petitioner. Further submission is that petitioner is accused in three cases, as detailed in para 3 of the petition, but he is on bail in that cases. The petitioner is in custody since 22.04.2017. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-VII, Bhagalpur in connection with Bhagalpur Tatarpur (University) P.S. Case No. 110 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T