Sonu Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18663 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -CHARIABARIYARPUR District- BEGUSARAI ====================================================== Sonu Kumar Mehta, Son of Ashok Mehta @ Ashok Kumar Mehta, Resident of Village-Cheria-Bariarpur, P.S.-Cheria-Bariarpur, District-Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Cheria Bariarpur P.S. Case No.5 of 2018 registered under Sections 341, 323, 354, 379 and 504 read with 34 of the Indian Penal Code.

It is submitted that though the alleged occurrence of offence is said to have taken place on 01.01.2018 the first information report was instituted after four days on 05.01.2018 and no plausible explanation has been given for the undue delay caused in institution of the first information report. A perusal of

Patna High Court Cr.Misc. No.18663 of 2018 (2) dt.06-04-2018 the first information report itself would show that the petitioner never intended to outrage the modesty of the petitioner with any sexual intention. It is further submitted that the allegation under Section 379 of the Indian Penal Code is not attributed against the petitioner.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheria Bariarpur P.S. Case No.5 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T