Rishikant @ Gabad @ Rishikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6400 of 2023 Arising Out of PS. Case No.-43 Year-2022 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== RISHIKANT @ GABAD @ RISHIKANT KUMAR SON OF CHHOTELAL RAM R/O VILLAGE- KUMHARI, P.S.- KUDHANI, DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 379/34 of the Indian Penal Code.

Allegedly, when the daughter of the informant was returning her home, petitioner outraged her modesty and on complain, the petitioner along with other accused persons assaulted the informant and her relatives.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.6400 of 2023(2) dt.11-04-2023 2/2 general and omnibus in nature. There is case and counter case between the parties. Both the parties sustained injuries. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case, as there is specific overt act against the petitioner that he outraged the modesty of the informant's daughter, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail and the learned Court below shall pass order in accordance with law without being prejudiced by this order on the very date of surrender considering the fact that petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) divyanshi/- U T