Sarlu Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.26110 of 2018 (2) dt.07-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26110 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================
1. Sarlu Kumar, Son of Vishwanath Mahto, Resident of VillagePrahaladpur, P.S.- Mushahari, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2018 Heard both sides.
The petitioner apprehends his arrest in Mushahari P.S. Case No.202 of 2017 registered under Sections 341, 323, 379, 354, 427, 504, 506 and 34 of the Indian Penal Code. The informant alleged that her daughter went to attend the call of nature in the early morning of 21.10.2017 but the petitioner caught her hand and dragged her inside the orchard but somehow her daughter fled away from there. A date of panchayati was fixed but the accused persons namely Vishwanath Mahto, Sheonath Mahto, Anil Kumar, Dhogal Kumar and others assaulted the informant and torn her cloths.
The learned counsel for the petitioner submits that the first occurrence is said to have taken place on 21.10.2017 but the
Patna High Court Cr.Misc. No.26110 of 2018 (2) dt.07-05-2018 F.I.R. was lodged on 30.10.2017. On account of some family dispute this case has been lodged making false and frivolous allegation.
Having regard to the facts that with regard to the occurrence dated 21.10.2017 the F.I.R. was lodged on 30.10.2017, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Sub Judge 6th, Muzaffarpur in connection with Mushahari P.S. Case No.202 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T