Mandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.549 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- SAHPUR District- Patna ====================================================== Mandan Kumar Son of Rajnarayan Ray village- Ghopatpur, PS- Ramkrishna Nagar, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi Wife of Birju Ray village- Shahpur Devi Chaura Mahiyapur, PO- Daudnagar, PS- Shahpur, dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Shahpur PS case no. 193 of 2024, disclosing offences punishable under Section 354(A) and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 31.05.2024 in the night at about 11 pm, while the informant was alone at her home, petitioner entered into the house of the informant and outraged her modesty by disrobing her and snatched her mangalsutra. It is alleged that the petitioner had also outraged the modesty of informant's daughter. When

Patna High Court CR. MISC. No.549 of 2025(2) dt.11-02-2025 2/3 the informant called the Helpline no. 112, the petitioner fled away after leaving the motorcycle at her home, which was seized by the Police. It has further been alleged that petitioner was putting false claim before the informant that she had taken Rs. 1.50 lacs.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case on account of the fact that informant had undergone stomach surgery, in which the petitioner being the cousin brother of informant's husband, had given Rs. 1.70 lacs to the informant in order to meet the medical expenses of the hospital. Learned counsel further submits that on 20.05.2024, the informant came at petitioner's house along with some other persons and told that she has arranged money in order to return it to the petitioner and took the motorcycle along with her in order to withdraw the money from the bank and has falsely lodged the present case against the petitioner. He next submits that petitioner is a businessman having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact the petitioner is brother-in-law of the informant and cousin of the informant's husband and there appears to be dispute regarding

Patna High Court CR. MISC. No.549 of 2025(2) dt.11-02-2025 3/3 money transaction, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released 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 J.M. 1st class, Danapur, Patna in connection with Shahpur PS case no. 193 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T