Nand Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51048 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -SONBERSA District- SAHARSA ======================================================
1. Nand Lal Sah S/o Late Jagdish Sah R/o Village- Kopa, P.S.- Sonbarsa Raj (O.P. Kashnagar), District- Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Pradip Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376/511 of the Indian Penal Code and 06, 08 of the Protection Of Children From Sexual Offences Act. The prosecution case as per the written report of Purnima Devi dated 26.07.2015 is that on 21.07.2015 the petitioner being neighbour entered into her house, asked the minor daughter of the informant to stitch his towel, when she refused to do so, he slept her and pushed her on the bed.
It is submitted by the learned counsel for the petitioner that even assuming accusation no offence under Section 376/55 is made out. For the occurrence of 21.07.2015
Patna High Court Cr.Misc. No.51048 of 2015 (2) dt.09-11-2015 the written report was filed on 26.07.2015 and there is no medical report on the record. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the delayed lodging of the First Information Report, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj P.S. Case No. 123 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T