Raja Thakur @ Raja Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6277 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- JOGBANI District- Araria ====================================================== RAJA THAKUR @ RAJA KUMAR THAKUR S/O RANJIT THAKUR R/vFulkaha, P.S.- Fulkaha, District- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Jogbani P.S. Case No. 233 of 2022 registered for the offence under Sections 354/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 28.09.2022.

The allegation against the petitioner is to outrage modesty of informant, after criminal trespass to her house, along with other co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.6277 of 2023(3) dt.22-06-2023 2/3 submitted that petitioner implicated falsely with present case, when love affairs of the petitioner with informant came into the knowledge of her parents. It is submitted that present FIR was lodged after delay of 47 days of occurrence without having any just explanation. It is further submitted that age of petitioner wrongly stated by the informant as 16 years, rather he was 19 years old at the time of occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and in view of taking note of fact, as present FIR was lodged after delay of 47 days without having any just explanation coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 28.09.2022, let the petitioner, above named, is directed to be released on bail in connection with Jogbani P.S. Case No. 233 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.6277 of 2023(3) dt.22-06-2023 3/3 learned A.C.J.M.-V, Araria/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T