Kundan Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50014 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- JAMOBAZAR District- Siwan ====================================================== Kundan Bin, S/o Mosafir Bin@ Mosafi-Rawat, R/o Village- Surtapur, P.S. Jamo Bazar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Sri Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jamo Bazar P.S. Case No. 36 of 2018 registered under Sections 447, 448, 341, 323, 354 and 504/34 of the Indian Penal Code.

The accusation is that the informant, Goldi Kumari, used to reside at her maternal grandfather's house. On 12.02.2018, at about 11 P.M., petitioner, who is neighbour of the maternal grandfather of the informant, entered in the house and tried to outrage her modesty. When her mother and grandmother(Nani) woke up and raised alarm then petitioner succeeded to flee away. On next day, her mother and

Patna High Court Cr.Misc. No.50014 of 2018(2) dt.20-09-2018 2/2 grandmother(Nani) went at the house of the informant and made complaint then both were abused and assaulted by the accused persons.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is the next door neighbour of maternal grandfather of the informant and due to family dispute, quarrel took place on 12.02.2018, but her maternal grandmother managed to lodge the present case with false allegation against the petitioner after 24 days. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-XIII, Siwan, in connection with Jamo Bazar P.S. Case No. 36 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T