Prabhu Hembram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25056 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -PURNIA COMPLAINT CASE District- PURNIA ======================================================

1. Prabhu Hembram Son of Baijnath Hembram Resident of village Sakhua Tola, Police Station Dhamdaha in the district of Purnea .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tala Kumari@Shabnam Hembram Daughter of Neemchand Hembram Resident of Village -Sakhua tola, Police Station Dhamdaha in the district of Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Arvind Kr. Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 354 of the Indian Penal Code.

The prosecution case is that the petitioner outraged the modesty of the complainant on 01.01.2016. It is submitted by the learned counsel for the petitioner that for the occurrence of 01.01.2016 the complaint has been filed on 04.01.2016 and much prior to the present complaint sister of the petitioner filed Complaint Case No. 3057 of 2014 levelling accusation under Sections

Patna High Court Cr.Misc. No.25056 of 2016 (2) dt.21-06-2016 147, 148, 149, 341, 323, 379, 380, 354, 447, 307, 427, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act against the complainant and her family members. Hence, as a retaliatory measure the present complaint has been filed. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the delayed lodging of the complaint and the complaint filed by the petitioner's side at earlier point of time, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Complaint Case No. 04 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T