Durga Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4823 of 2023 Arising Out of PS. Case No.-631 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== DURGA SAH SON OF JAWAHIR SAH R/O VILLAGE- GOKHULA, P.S.- SHIKARPUR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shikarpur Police Station Case No. 631 of 2022, dated 03.08.2022, disclosing offences under Sections 448/341/354-B/ 376/511/380/506 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner entered into the house of the informant and started misbehaving with her and also tried to outrage her modesty and commit rape.

Learned Counsel for the petitioner submits that the petitioner has been implicated in this case due to some money dispute between the petitioner and the husband of the informant, who are working together in Delhi. He further submits that the

Patna High Court CR. MISC. No.4823 of 2023(2) dt.17-05-2023 2/2 allegation against the petitioner is of attempt to commit rape by outraging the modesty of the informant.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are co-villagers and there appears to be money dispute between them, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, Durga Sah, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Shikarpur Police Station Case No. 631 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √