Chhotan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15972 of 2015 Arising Out of PS.Case No. -196 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Chhotan Paswan son of Kewai Paswan Resident of Village - Akhardiha, P.S. Majorganj, Distt - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,341,452,354,380,307 and 376/511 of the Indian Penal Code.

It is alleged that this petitioner outraged the modesty of the informant and assaulted and subsequently made attempt to commit rape.

It is submitted by the learned counsel for the petitioner that from the accusation made in the FIR no case under section 354 IPC is made out. It is further submitted that co accused of the present case lodged Majorganj P.S. Case No. 169 of 2014 making accusation under section 307 and other provision of IPC against

Patna High Court Cr.Misc. No.15972 of 2015 (2) dt.06-05-2015 2/2 the father in law of the informant whereas the other co accused lodged Majorganj P.S. Case No. 97 of 2014 against the family members of the informant on 28.2.2014 whereas the present complaint was lodged on 21.5.2014 which came to be registered as police case on 11.6.2014. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that the petitioner side lodged the case at earlier point of time and delayed lodging of the complaint, 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 twelve 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 learned CJM, Sitamarhi in connection with Majorganj P.S. Case No. 196 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T