Aditya Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17406 of 2024 Arising Out of PS. Case No.-405 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1.
Aditya Shankar S/o Ravi Shankar Resident of Mohalla- Guljar Pokhar, P.S. Kotwali, District- Munger 2.
Nikhil @ Mithhu @ Nikhil Gupta S/o Naresh Gupta Resident of MohallaGuljar Pokhar, P.S. Kotwali, District- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shalini Verma D/o Birendra Prasad Verma Resident of Mohalla- Shubhash Nagar, P.S. Kotwali, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323 , 504, 366(A) , 511 of the Indian Penal Code .
3. As per the prosecution case , on the alleged date and time when the informant was standing near Shastri Chowk with her younger sister to watch Arti of Bam Kali, in the mean
Patna High Court CR. MISC. No.17406 of 2024(5) dt.06-05-2024 2/3 time these petitioners along with other co-accused persons came there and started pulling her hand and tried to outrage her modesty . It is further alleged that they also abused the informant and tried to sit her on motorcycle .
4. It is submitted on behalf of the petitioners that petitioner No. 1 is busy contractor and petitioner No. 2 is a journalist. No such occurrence as alleged has ever took place . The whole prosecution story is false and concocted. Police after investigation found the case of the complaint false and recommended for initiation of proceeding under section 182 and 211 of IPC against the complaint. Petitioner No. 1 claims clean antecedent and petitioner No. 2 has got two criminal antecedent in which he is on bail.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge POCsO CUm Additional Session Judge 6 Munger in connection with Protest Cum
Patna High Court CR. MISC. No.17406 of 2024(5) dt.06-05-2024 3/3 Complaint Case No. 405© of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T