Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55731 of 2016 Arising Out of PS.Case No. -491 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Dharmendra Paswan, Son of Inderdeo Paswan, Resident of Village:- Lutan Bigha, P.S.: Nawada, Town, District:- Nawada. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nawada Town P.S. Case no. 491 of 2016, registered under Sections 341, 323, 354(B) and 379 of the Indian Penal Code. The accusation is that on 31.08.2016, petitioner entered in the house of the informant and tried to outrage her modesty with bad intention. On hulla, the husband of informant reached there then petitioner started scuffle with her husband. Thereafter, the petitioner snatched ear ring worth of Rs. 15000/- from the ear of the informant. Learned counsel for the petitioner submits that petitioner is the next door neighbour of the informant and he was listening the song on his mobile then some hot talks were exchanged in between the husband of the informant and the petitioner and with ulterior motive, the husband of the informant managed to lodge the present case with

Patna High Court Cr.Misc. No.55731 of 2016 (2) dt.13-01-2017 2/2 false allegation of outrage the modesty of the informant. Further submission is that witnesses Bhushan Paswan, Pramod Das etc. in para 6, 7 and 8 have also stated that due to listening of indecent songs by this petitioner, hot talks were exchanged in between the petitioner and the husband of the informant and they have not supported the allegation as made by the informant regarding the outrage the modesty of the informant. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, 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 four 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 the Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 491 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T