Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8993 of 2023 Arising Out of PS. Case No.-693 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== SANDEEP KUMAR S/O Kishori Chaudhary @ Kishori Chaudhary R/O Village- Bisunpurwa, P.S- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2023 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, 354(B), 342 and 34 of the Indian Penal Code read with Section 12 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent, he is a young boy of 22 years and the informant alleges that the petitioner tried to pull her daughter in a sugarcane field with an ill intention and on alarm when her husband ran towards the place of occurrence, the petitioner fled after assaulting him.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.8993 of 2023(3) dt.06-07-2023 2/2 next submitted that since the goat of the informant had grazed the field of the petitioner, which was objected, as such the present false case came to be instituted by way of afterthought, it is further submitted that the date of occurrence is 21.08.2022 and the FIR has been instituted on 26.08.2022 i.e. after a delay of five days without any plausible explanation. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the 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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shikarpur P.S. Case No. 693 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T