Satyendra Singh @ Satyendra Prasad Singh5120 v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.515 of 2023 Arising Out of PS. Case No.-809 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Satyendra Singh @ Satyendra Prasad Singh, Son of Late Sri Ram Singh, Resident of Village - Sarthuwan, P.S.- Udwantnagar, District - Bhojpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Gauri Devi, Wife of Saroj Rajbanshi, Resident of Village - Chichmi, P.S.- Jamhor, Dist.- Aurangabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rajeev Ranjan Gupta, Advocate Ms. Anjana Gupta, Advocate For the State :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner apprehending his arrest in connection with Complaint Case No.809 of 2016 in which cognizance has been taken for the offences punishable under Sections 323, 354 and 504 read with 34 of the Indian Penal Code.

The allegation against the petitioner is to outrage the modesty of complainant and also to assault her family members.

It is submitted by learned counsel that petitioner is

Patna High Court CR. MISC. No.515 of 2023(2) dt.04-05-2023 2/3 police officer. He was investigating officer of Jamhore P.S. Case No.46 of 2016 where complainant was one of the accused. It is also submitted that after investigation when petitioner submitted charge-sheet in his official capacity, aggrieved thereof, the present complaint was lodged only with oblique motive. It is also submitted that nothing appears from solemn affirmation of complainant that her modesty was outraged by the petitioner rather allegation is appearing very much general and omnibus and that too regarding assault.

Learned Additional Public Prosecutor opposes the prayer of bail.

In view of the above-mentioned facts and circumstances and by taking note of statement of complainant on oath where allegation of outraging her modesty is not available, coupled with the fact that petitioner is a police officer, who investigated the case where complainant was one of the accused, above-named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks of this order, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Complaint Case

Patna High Court CR. MISC. No.515 of 2023(2) dt.04-05-2023 3/3 No.809 of 2016, subject to the conditions as laid down under Section 438(2) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T