Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59439 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Deepak Kumar, Son of Awdhesh Singh Resident of Village - Pain, P.S.- Seikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This is an application for grant of anticipatory bail in connection with Sheikhpura (Mahila) P. S. Case No. 38 of 2019, disclosing offences under Sections 341, 323, 354B, 452, 504, 506, 34 of the Indian Penal Code.

Prosecution case is that petitioner and others entered inside the house of the informant and on the order of father of the petitioner, one Dipak Kumar caught hold of the informant and this petitioner in drunken condition tear her blouse and sari and tried to get her naked. On hulla, the persons assembled, they fled away.

Submission of the learned counsel for the petitioner is that the petitioner is a Government servant and he has lodged a complaint against the husband of the informant, who is a PDS dealer, which will appear from Annexure-2 series and due to that the whole family members has been implicated in this case.

Patna High Court CR. MISC. No.59439 of 2019(2) dt.19-09-2019 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there is specific allegation against this petitioner of outraging the modesty of the informant.

The opposite party no.2 has appeared suo motu. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Sheikhpura, in connection with Sheikhpura (Mahila) P. S. Case No. 38 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T