Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30961 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -MAHILA PS District- KHAGARIA ====================================================== Manoj Kumar S/o Mohan Prasad R/o Village- Bhutauli, Malpa, P.S.- Chautham, District- Khagaira at Present Dhanwati High School, Bhutauli Malpa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Syed Mohammad Shabbir Alam, Advocate For the Opposite Party: Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Khagaria (Mahila) P.S. Case No. 12 of 2016, registered for the offences punishable under Sections 354, 504 and 506 of the Indian Penal Code.

Allegedly, the allegation against the petitioner is that he being the orderly of the Dhanabati High School, Bhutauli, Malpa, abused the informant a teacher of History of the that school and dragged her out from the office and further locked the bathroom and preventing the informant from using the same. Submission is of false implication and that there was some dispute between them but the petitioner has not dragged her.

Patna High Court Cr.Misc. No.30961 of 2017 (3) dt.19-08-2017 2/2 During investigation, witnesses have not supported the prosecution version vide para 9 and 10 of the case diary, no offence under Section 354 of I.P.C. is made out and at best offence under Section 504 of I.P.C. is made out which is bailable and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. after going through the case diary, fairly submits that Sarita Kumari and Anita Kumari other teachers have not supported the prosecution version in toto. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria, in connection with Khagaria (Mahila) P.S. Case No. 12 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T