Arun Kumar Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39755 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -SACHIWALAYA District- PATNA ======================================================
1. Arun Kumar Shrivastava, aged about 61 Years, S/o Late Parasnath Prasad, R/o 104 Mantri Bharti Apartment, Rukanpura, Bailey Road, P.S.- Rupaspur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Sunil Kumar Karn For the Opposite Party/s : Mr.S.Kumar-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Sachivalaya P.S. Case No. 189 of 2017, registered for the offences punishable under Sections 354, 506, 509, 34 the Indian Penal Code.
Allegation against the petitioner who happens to be the then Deputy General Manager-cum-Electrical Engineer, is of sexual harassment with the informant, Abhinita. Submission of learned counsel for the petitioner is that enquiry was made by different persons in course of which the petitioner was not found guilty and in that connection attention of this Court was drawn towards the report of Mahila Yoan Utpidan
Patna High Court Cr.Misc. No.39755 of 2018 (3) dt.20-07-2018 2/3 Niwaran Samiti of PESU,as contained in Annexure-8 to this petition from perusal of which the allegation leveled against the petitioner was found false. However, the learned District Judge has written that the report was found true which is against the material available on the record.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-II - cum- Additional Chief Judicial Magistrate, Patna, in Sachiwalaya P.S. Case No.189 of 2017, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that he has to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of his bail bond.
Patna High Court Cr.Misc. No.39755 of 2018 (3) dt.20-07-2018 3/3 With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) AnilKrSinha/- U