Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34075 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -ROSERA District- SAMASTIPUR ====================================================== Shambhu Rai, son of Late Ganga Sagar Rai, resident of village Bhiraha West, P.S. Rosera, District Samastipur. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in connection with Rosera P.S. Case No.80 of 2017 registered for the alleged offences under Sections 341, 323, 376, 511 and 506 of the Indian Penal Code.
As per the prosecution case, petitioner is said to have tried to outrage the modesty of the informant and hold her breast while she stepped out of her house for defecation. It has been submitted by learned counsel for the petitioner that the informant happens to be own aunt of the petitioner and both are living in the same house. There is a wash room in the said house so there is no question of stepping out of the house for defecation in the field. As a matter of fact, the
Patna High Court Cr.Misc. No.34075 of 2017 (02) dt.20-07-2017 2/2 petitioner has been falsely implicated in this case due to land dispute between the parties. The informant with the connivance of the local police has filed this false case because earlier the petitioner had filed a case against the local police. He has been languishing in jail custody since 16.04.2017. In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera in connection with Rosera P.S. Case No.80 of 2017.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T