Manoj Das @ Manoj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2890 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== 1.

MANOJ DAS @ MANOJ KUMAR DAS Son of Shambhu Das Resident of Village - Chitabkala, Tola Raja Bigha, P.s.- Sherghati, Distt.- Gaya. 2.

Rinku Devi W/o Manoj Das @ Manoj Kumar Das Resident of Village - Chitabkala, Tola Raja Bigha, P.s.- Sherghati, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 354, 379, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submit that the petitioners are persons with clean antecedent and are brother-in-law and sister-in-law of the informant and the informant alleges that on 24.03.2021 at 8:00 P.M. when she was alone and was making bread when petitioner no. 1 came and forcibly tried to outrage her modesty and when she objected he assaulted and snatched her Mangalsutra. Thereafter, it is alleged that petitioner no. 2 called her brother Arvind Das and abused the informant and threatened to kill the husband of the informant.

Learned counsel for the petitioners submit that petitioners

Patna High Court CR. MISC. No.2890 of 2022(2) dt.11-08-2022 2/2 have been falsely implicated in the present case, it is next submitted that petitioner no. 1 is own elder brother of the informant's husband and petitioner no. 2 is wife. On account of dispute relating to property the present false case has been instituted, it is next submitted that the date of occurrence is 24.03.2021 and the FIR had been instituted after an inordinate delay of nearly more than 15 days i.e. on 09.04.2021 without any plausible explanation. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sherghati P.S. Case No. 209 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T