Patna High CourtCR. MISC./41289/2016bail granted

Nadeem Khan v. The State Of Bihar

2016-11-11Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.41289 of 2016 (3) dt.11-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41289 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Nadeem Khan S/o Ashraf Khan, resident of Village-Khawaspur, P.S.- Basantpur, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-11-2016 Heard both sides.

The petitioner apprehends his arrest in Siwan Mahila P.S. Case No. 142/2015, registered for the offences punishable under Sections 376, 354 and other Sections of the Indian Penal Code.

The Prosecutrix filed a complaint case on 09.07.2015 making allegation against the petitioner that he entered into her house along with unknown persons and hurled vulgar language. The petitioner is alleged to have tried to outrage the modesty of the daughter of the prosecutrix. In the meantime someone shouted at her door and thereafter the petitioner and others fled away. It is submitted that the occurrence took place on 15.04.2015, but the complaint petition was filed on 09.07.2015,

Patna High Court Cr.Misc. No.41289 of 2016 (3) dt.11-11-2016 about three months after the occurrence. No plausible explanation has been given. The petitioner is the neighbour of the prosecutrix. The Investigating Officer did not find the case true under Section 376 and 511 of the Indian Penal Code. Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Siwan in connection with Siwan Mahila P.S. Case No. 142/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T