Bablu Kumar @ Shashi Kumar @ Shashi Tulsian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8935 of 2020 Arising Out of PS. Case No.-279 Year-2019 Thana- BYPASS District- Patna ====================================================== Bablu Kumar @ Shashi Kumar @ Shashi Tulsian Son of Sri Gulab Chandra Chaudhary Resident of Village - Taregna Dih, P.O. and P.S.- Masaurhi, Distt.- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nawnit Kumar Tiwary, Adv.

For the Opposite Party :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Special Case No. 213 of 2019 arising out of Bypass P.S. Case No. 279 of 2019 for the offence punishable under Sections 341, 323, 325, 354, 504, 506, 379/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The allegation is regarding the accused persons having been in the habit of making obscene comments against the daughter of the informant when she used to come to her house from her school.

The learned counsel for the petitioner has stated that the wife of the brother of the petitioner has filed a case earlier, in which the petitioner was grievously injured, against

Patna High Court CR. MISC. No.8935 of 2020(2) dt.29-02-2020 2/2 the husband and brother-in-law of the informant of the present case and other persons, hence, the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is innocent and is having a clean antecedent. Lastly, it is submitted that there is no allegation of any sort of overt act having been committed by the petitioner.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount to the satisfaction of learned Additional District-Judge-I, Patna with Special Case No. 213 of 2019 arising out of Bypass P.S. Case No. 279 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) K.K.RAO/- U T