Prabhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12146 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== PRABHASH KUMAR Son of Sharban Paswan @ Sharban Kumar Paswan Resident of Village - Meghauna, P.S.- Alauli, Distt.- Khagaria at present residing at in front of Gayatri Shakti Peeth in house of Rahul Kumar, P.S.- Khagaria, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Khagaria P.S. Case no. 232/2020 registered for the offence punishable under sections 341, 354B, 504, 506 and 386 of the Indian Penal Code. As per prosecution case, on 12.2.2020 this petitioner and other miscreants armed with weapons entered into the house of the informant and tried to kidnap her forcibly. It is further alleged that on hulla nearby people arrived and they fled away leaving his mobile and arms in her house.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and no such occurrence

Patna High Court CR. MISC. No. 12146 of 2021(4) dt.24-07-2021 2/2 has taken place and petitioner is in custody since 15.11.2020. However, learned counsel for the informant vehemently opposed the prayer for bail and submitted that earlier also this petitioner was granted anticipatory bail vide order dated 06.11.2020 passed in Cr. Misc. no. 26739/2020 with condition that the petitioner will not create nuisance to join the company of the girl in future and the petitioner shall give undertaking to that effect in the court below. In spite of that petitioner has committed the offence and regularly threatening the girl. Considering the rival submissions, nature of allegation and conduct of the petitioner, this bail application is rejected.

(Prabhat Kumar Singh, J) s.hassan/- U T