Santosh Rai @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6391 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Santosh Rai @ Santosh Kumar S/O- Hari Rai @ Hari Narayan Prasad Yadav R/O- Village- Lohasi, P.S.- Belsand, Dist.- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Belsand P.S. Case No. 126/2023 dated 09.09.2023 registered for the offences punishable under Sections 341, 323, 354B, 379, 504 and 506 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have outraged the modesty of the informant. On protest, the petitioner and the co-accused persons assaulted her and snatched Mangalsutra of the informant worth Rs. 30,000/-. Thereafter, the co-accused Sanjay Sharma came to the house of the informant and assaulted the

Patna High Court CR. MISC. No.6391 of 2024(2) dt.04-03-2024 2/3 informant and her husband.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is a delay of 4 days in lodging the F.I.R. Learned counsel has submitted that no case u/s 354B is made out against the petitioner

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi in connection with Belsand P.S. Case No. 126/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T

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