Bhogi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10436 of 2023 Arising Out of PS. Case No.-90 Year-2016 Thana- KHAJAULI District- Madhubani ====================================================== BHOGI PASWAN Son of Sarup Paswan R/v- Barhmotar, P.S.- Khajauli, DistMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

VEENA DEVI Wife of Satyanarayan Paswan @ Bauku Paswan R/vBarhmotar, P.S.- Khajauli, Dist- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bhavesh Kumar Sah, Advocate For the State :

Mr. Md. Matloob Rab, APP For O.P. No.2 :

Mr. Ravi Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 354(B), 504, 506, 494 and 34 of the Indian Penal Code. Accusation against the petitioner is of trying to outrage the modesty of the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is

Patna High Court CR. MISC. No.10436 of 2023(3) dt.04-07-2023 2/2 further submitted that petitioner is elder brother of the informant's husband. Learned counsel for the petitioner submits that no occurrence took place as alleged in the FIR. It is further submitted that the occurrence took place on 01.05.2016, but the FIR was lodged on 20.05.2016 after lapse of 19 days without giving any explanation which creates a serious doubt on the veracity of the prosecution case.

Learned APP for the State as well as learned counsel for O.P. No.2 opposed the prayer for grant of anticipatory bail to the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Khajauli P.S. Case No.90 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T