Raushan Mistri @ Jharkhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72890 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Raushan Mistri @ Jharkhari Son of Rajendra Mistri Resident of VillageBarery, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Sirdala P.S. Case No. 225 of 2019 registered for the offence punishable under Sections 341, 354, 379 and 504 of the Indian Penal Code.

While daughter of the informant had gone to Pan for defecation, petitioner started passing gross comment upon her, and on protest made by her, he started teasing her snatching her dupatta and on alarm made by her, he slapped her and snatched her golden chain.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter

Patna High Court CR. MISC. No.72890 of 2019(2) dt.18-12-2019 2/2 of fact, the victim is major and she was in love with the petitioner but, the informant was against the same and due to aforesaid reason, he has lodged this false and frivolous case against the petitioner. There is no eyewitness of the occurrence barring the victim and the victim has not been examined by the I.O. during the course of investigation. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In 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 six 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 learned A.C.J.M.-VI, Nawada in connection with Sirdala P.S. Case No. 225 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T