Kranti Paswan @ Pankaj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2421 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== KRANTI PASWAN @ PANKAJ PASWAN SON OF RAMSHANKAR PASWAN R/O VILL.- WARD NO. 7 MOSADPUR, P.S.- BARAUNI (REFINERY), DISTT.- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate :
Ms. Sagrika, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354((B), 448, 504, 506 and 509 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier the petitioner had moved vide Cr. Misc. No. 39156 of 2022 seeking anticipatory bail, but the same was permitted to be withdrawn with the liberty to file afresh application with proper pleading and accordingly, in pursuance of the said liberty the present anticipatory bail application has been filed. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
The informant alleges that in absence of her family
Patna High Court CR. MISC. No.2421 of 2023(2) dt.11-01-2023 2/3 members the petitioner came and started knocking the door on which she opened the door thinking that her father has come, thereafter, it is alleged that petitioner forcefully took her inside the room and dashed her on the bed and touched her inappropriately on alarm her family members came, when petitioner fled, it is next alleged that accordingly, the informant informed her father about the occurrence on which her father went to the house of the petitioner for enquiring, when he was threatened.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that petitioner and informant are neighbours and are known each other and petitioner had gone to meet the informant, when her father came all of a sudden then the present false case came to be instituted. Learned counsel next submits that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the investigating officer for eliciting the truth. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.2421 of 2023(2) dt.11-01-2023 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barauni (Refinery) P.S. Case No. 197 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, in the event, if the investigating officer of the case files an application before the learned trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself when called the learned trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law and shall also have liberty to cancel his bail bonds.
The learned trial Court is directed to send a copy of this Order to the concerned P.S.
(Satyavrat Verma, J) GauravSinha/- U T