Rudal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57867 of 2019 Arising Out of PS. Case No.-498 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== RUDAL KUMAR Son of Dinesh Mandal Resident of Village - Arraha, Ward No. 6, Bin Tola, P.S.- Forbesganj, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 354B and 504 of the Indian Penal Code.

Petitioner is said to have entered into the house of the informant in the night and catching hold the hand of her daughter tried to outrage her modesty. On hulla, he was apprehended by the informant and villagers.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.57867 of 2019(3) dt.16-11-2019 2/3 petitioner that no such occurrence as alleged ever took place. As a matter of fact, father of the petitioner has instituted Complaint Case No. 781/2013 against the husband of the informant and others which ended in acquittal on the basis of compromise between the parties after institution of the case under hand but as there was some confusion in the mind of the informant that complainant of the said case may resiled from the compromise she has lodged this false and frivolous case against the petitioner to mount pressure upon his father to remain adhered with her earlier stand. There is inordinate delay of four days in lodging the case without assigning any plausible explanation for the said delay. Petitioner has no criminal antecedent.

Learned APP for the State opposed the bail petition.

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 learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 498 of 2019, subject

Patna High Court CR. MISC. No.57867 of 2019(3) dt.16-11-2019 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) amit/- U T