Om Prakash Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6161 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -MAHILA PS District- JAMUI ====================================================== Om Prakash Barnwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 354, 376/511 and 504 of the Indian Penal Code.

The accusation is of attempting to establish forceful physical relationship with the informant.

It is submitted by learned counsel for the petitioner that on conclusion of the investigation, the chargesheet has been submitted under Sections 341, 354, 354A, 504 and 506 of the IPC. The petitioner at earlier point of time, lodged Jhajha P.S. Case No. 84 of 2014 and Complaint Case No. 1120C of 2014 against the informant whereas the informant also earlier lodged Jamui Mahila P.S. Case No. 46 of 2013 in which the petitioner has been acquitted, hence as a retaliatory measure, the present case has been

Patna High Court Cr.Misc. No.6161 of 2015 (2) dt.16-02-2015 2/2 lodged. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the case lodged by the petitioner at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in connection with Jamui Mahila P.S. Case No. 55 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on verification of the fact that at present there is no case pending against the petitioner. (Dinesh Kumar Singh, J) Amrendra/- U T