IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13927 of 2009 MITIYA PATHAK @ HIMANSHU KUMAR PATHAK Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Ajay Mukherjee, Advocate For the State : Mr. Suraj Bansh Roy, A.P.P. ----- 2 22.05.2009 Petitioner MITIYA PATHAK @ HIMANSHU KUMAR PATHAK, the sole FIR named accused of Amarpur P.S. Case No. 14 of 2008 registered under sections 342 and 376/511 IPC is in custody in connection therewith. According to the informant Jitni Kumari, she with her father had gone to “Chhaya Studio” in Amarpur owned by the petitioner for her photograph and having taken her photo once, the petitioner invited the father to see the photograph on the computer kept out side the studio and even as the father was looking at the photograph on the computer, the petitioner closed the door of the studio and made her sit on the floor. It was further alleged that the petitioner started undressing her and also tried to outrage her modesty by fiddling with her whereupon she started weeping and also raised alarm hearing which her father knocked at the door and people from outside gathered, whereupon she was set free. From the allegation as made in the written report an offence under sections 342 and 354/511 appears to have been made out as the ingredients of an offence under section 376 IPC do not appear to have been made out. In the facts and circumstances of the case petitioner 2 MITIYA PATHAK @ HIMANSHU KUMAR PATHAK is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 14 of 2008. Spd/- (Abhijit Sinha, J.)