IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24587 of 2018
Arising Out of PS.Case No. -12 Year- 2017 Thana -HISUA District- NAWADA
1. Bipul Kumar S/o Upendra Singh Resident of Village-Bhelwa, P.S.-Hisua
…. …. Petitioner/s
1. The State of Bihar
…. …. Opposite Party/s
For the Petitioner/s : Mr. Hansraj
For the Opposite Party/s : Mr. Sri Ahmad Ali
CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
2 30-04-2018 In this application, the petitioner apprehends his
arrest in connection with Hisua P.S. Case No. 12 of 2017 for the
offences punishable under Sections 341, 323, 324, 447, 504,
354/34 of the Indian Penal Code.
Allegedly, when the informant was washing cloth
near the drain of her house then the petitioner entered into her
house and caught her hands and when the informant cried, he
started assaulting her.
Submission is of false implication and that all the
sections are bailable except Section 354 IPC, which is not
attracted against this petitioner as there was no any intention to
outrage the modesty of the informant. The petitioner is
handicapped by right hand. Petitioner has been granted bail by the
Patna High Court Cr.M isc. No.24587 of 2018 (2) dt.30-04-2018
police under Section 41(A) Cr.P.C. but now cognizance has been
taken under Section 354 IPC and, as such, the petitioner having no
criminal antecedent, deserves sympathetic consideration.
Learned APP opposes the prayer of pre-arrest bail.
Considering the facts that there is no allegation
against the petitioner for catching the hand of the informant with
bad intention and, as such, the petitioner in case of his arrest or
surrender within four weeks from the date of receipt or production
of a copy of this order, he shall be released on bail on execution of
bail bond of Rs 10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Nawada in Hisua P.S. Case No. 12 of 2017 subject to the
conditions as laid down in Section 438(2).
(Jitendra Mohan Sharma, J)