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Patna High CourtCR. MISC./6416/2024allowed

Abdhesh Kumar Pandit v. The State Of Bihar

2024-02-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6416 of 2024 Arising Out of PS. Case No.-342 Year-2022 Thana- BELHAR District- Banka ====================================================== 1.

Abdhesh Kumar Pandit Son Of Ajablal Pandit R/O-Tilakpur, P.S.-BELHAR, Distt.-BANKA 2.

Samir Kumar Pandit Son Of Ajablal Pandit R/O-Tilakpur, P.S.-BELHAR, Distt.-BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 504, 506, 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they causing hurt to the informant with intent to outrage her modesty.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to dispute regarding passage. He submits that there is no injury report of the informant to substantiate the allegation of assault upon the informant. He submits that occurrence took place on 10.09.2022 but the FIR has been lodged on 13.09.2022

Patna High Court CR. MISC. No.6416 of 2024(2) dt.20-02-2024 2/2 after delay of 3 days without explaining any reasonable cause of delay. He further submits that petitioner no. 1 has criminal antecedent and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty 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 Belhar P.S. Case No. 342 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T