Sohan Prasad @ Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62139 of 2018 Arising Out of PS.Case No. -810 Year- 2017 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Sohan Prasad @ Sohan Kumar, S/o Bharat Prasad R/o Village- Patar,P.S.- Ragunathpur, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case, wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code.

It is alleged by the complainant that on 16.04.2017 at 10.00 P.M. the petitioner entered into the house of the complainant and he tried to disrobe her and when the complainant resisted, the petitioner closed her mouth. On alarm being raised, the petitioner snatched a chain from the neck of the

Patna High Court Cr.Misc. No.62139 of 2018 (2) dt.08-10-2018 2/3 complainant worth Rs.30,000/- and fled away.

It is submitted by learned counsel for the petitioner that for the occurrence of 16.04.2017, the complaint was filed on 18.04.2017. It is further submitted that on 12.07.2015 the petitioner lodged Raghunathpur P.S. Case No. 123 of 2015, against the complainant and others with accusation under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code and hence, as a retaliatory measure, the present case has been lodged. There is no medical report brought on record to suggest the accusation. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioner.

Considering the delayed lodging of the case, case lodged by the petitioner side at earlier of point coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.62139 of 2018 (2) dt.08-10-2018 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Complaint Case No. 810 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T