Sandeep Kumar @ Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7399 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== SANDEEP KUMAR @ MANNU KUMAR S/O ANIL MANDAL Resident of Village- Churaman Bigha, P.S.- Chanan, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mahila PS case no. 55 of 2022, registered for the offences punishable under Sections 354(B) and other allied sections of the Indian Penal Code. The case of the prosecution in brief is that on 23.09.2022 at about 5 pm in the evening, while the informant was going to her home, the accused persons including the petitioner herein had suddenly come out from the maize field, caught her from her back side, pushed her on the ground and started outraging her modesty as also had torn her blouse, however, on an alarm being raised and the

Patna High Court CR. MISC. No.7399 of 2023(2) dt.18-05-2023 2/3 informant having beaten the petitioner, the informant was able to free herself and run away to her mother-in-law, whereafter, the father-in-law of the informant had made a complaint, resulting in him being also assaulted by the accused persons.

The learned counsel for the petitioner submits that petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that a false and fabricated story has been cooked up in order to falsely implicate the petitioner in the alleged occurrence. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that the allegations levelled against the petitioner and one another co-accused person is heinous in nature, inasmuch as they have been alleged to have tried to outrage the modesty of the informant, hence, I do not find the present case to be a fit case for grant

Patna High Court CR. MISC. No.7399 of 2023(2) dt.18-05-2023 3/3 of anticipatory bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T