Patna High CourtCR. MISC./16350/2021bail rejected

Lalakant Prasad Kushwaha v. The State Of Bihar

2021-12-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16350 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== LALAKANT PRASAD KUSHWAHA S/o Late Ram Baran Prasad Kushwaha Village- Tengrari, P.S.- Siwaipatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Siwaipatti P.S. Case no. 58 of 2020 instituted for the offence punishable under Sections 341, 354(B), 323, 504/34 of the Indian Penal Code and section 8 of the Bihar Prohibition and Excise Act, 2016.

As per prosecution story, petitioner had tried to outrage the modesty of the informant's daughter. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.16350 of 2021(2) dt.08-12-2021 2/2 has submitted that petitioner is innocent and has been falsely implicated in this case due to dirty village politics. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and considering the fact the victim is a minor girl, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U