Bhim Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7959 of 2023 Arising Out of PS. Case No.-540 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== BHIM KUMAR SINGH S/O AMARJEET SINGH @ AMARJEET RAM R/v- Sinduara, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Adv For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard Mr. Bhaskar Shankar, learned counsel for the petitioner and Mr. Kumar Veerendra Narayan, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Madanpur PS Case No. 540/2022 dated 26.10.2022 registered for the offence punishable under Sections 341, 342, 323, 324, 354, 337 and 504 of the IPC along with Section 12 of the POCSO Act.
3. As per First Informant Report on 24.10.2022, while the daughter of the informant aged about 11 years was standing at her door, the petitioner caught hand of the informant's daughter and tried to drag her towards the Koli (Gali) with bad intention.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.7959 of 2023(2) dt.18-05-2023 2/3 there is a previous land dispute between the parties and earlier also, a complaint case was filed by the informant against the petitioner and others in which the petitioner got bail which was not to the liking of the informant and the informant has falsely implicated the petitioner in this case on the basis of concocted story. He next submits that there is a delay of two days in lodging the FIR. A counter case has also been lodged by the petitioner bearing Madanpur PS Case No. 545/2022, in which the informant and other members of informant's family have been made accused. Referring to Annexure-2, learned counsel submits that the Sarpanch and other co-villagers held an enquiry and submitted a report that no such incident has taken place.
5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that there is longstanding previous dispute between the parties and there is case and counter case also between them, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-
Patna High Court CR. MISC. No.7959 of 2023(2) dt.18-05-2023 3/3 cum-Special Exclusive Judge (POCSO), Aurangabad in connection with Madanpur PS Case No. 540/2022, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T