Vikash Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19209 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== 1.

Vikash Kumar Gupta S/O Daya Prasad Gupta R/O Vill- Rotwan, P.SBaghaila, Dist- Rohtas, Bihar 2.

Manu Kumar S/O Sanjeet Sah R/O Vill- Rotwan, P.S- Baghaila, DistRohtas Bihar 3.

Sanjeet Sah S/O Of Sudama Sah R/O Vill-Rotwan P.S- Baghaila, DistRohtas, Bihar 4.

Deepak Sah S/O Sudama Sah R/O Vill- Rowan, P.S- Baghaila, Dist- Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.19209 of 2021(2) dt.15-12-2021 2/3 Sections 341, 323, 379, 354(B), 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that when the son of the informant was at his shop, all the accused persons came in drunken condition and demanded mixture and when he demanded money of the mixture, then the accused persons assaulted him and took away Rs. 15,000/- from the cash box of the shop. The accused persons further came at the door of the informant and started abusing the informant and other family members. They also passed dirty comments to the daughter and wife of the informant. They also tried to outrage the modesty of the daughter of the informant.

It is submitted by learned counsel for the petitioners that prior to lodging of the present F.I.R, the petitioners' side filed Complaint Case No. 221 of 2020 against the informant's side. Hence, in order to save their skin, this false case has been registered against the

Patna High Court CR. MISC. No.19209 of 2021(2) dt.15-12-2021 3/3 petitioners. Moreover, the accusation of outraging the modesty of the daughter of the informant is not specific against any of the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-III-cum-A.C.J.M, Sasaram, Rohtas in connection with Baghaila P.S. Case No. 17 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T