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Patna High CourtCR. MISC./3745/2022allowed

Ram Babu Sah v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3745 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RAM BABU SAH S/O RAJENDRA SAH R/o village- Darmaha Tola Kathariya, P.S.- Keshariya, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Phool Kumari Devi W/o Lakhinder Bhagat R/o village- Bishunpura, P.S.- Kesariya, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354B and 452 of the Indian Penal Code.

It is a case of outraged the modesty upon the complainant by the accused persons including the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the father of the petitioner, namely, Rajednra Sah had given Rs.10,500/- to the husband of the complainant as an advance for arranging of the vehicle on the

Patna High Court CR. MISC. No.3745 of 2022(2) dt.14-06-2022 2/2 eve of marriage of his son Raja Sah, but he failed to do so, the petitioner's father demand to return the advance money, the complainant and her husband became furious and assaulted brutally, thereafter, the co-accused Rajendra Sah lodged an FIR on the same i.e., on 08.01.2021 against the complaint and others under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kudus Ansari, Judicial Magistrate, Ist Class, Motihari (East Champaran)/concerned Court in connection with Trial No.1393 of 2021 arising out of Complaint Case No. C-104 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T