Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23046 of 2021 Arising Out of PS. Case No.-656 Year-2018 Thana- BIHTA District- Patna ====================================================== NIRAJ KUMAR Son of Musaheb Rai Resident of Village- Chakiya, P.S.- Doriganj, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Khusboo Kumari D/o Ram Anuj Rai R/o Village- Shrirampur, P.O. and P.S.- Bihta, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2022 This matter has been taken up for hearing online because of COVID - 19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office.

The petitioner is apprehending his arrest in connection with Bihta P.S. Case No. 656 of 2018 for the offence registered under Sections 341, 323, 376, 511 and 506 of the Indian Penal Code. The prosecution case is that the victim lady alleged that her maternal brother Niraj Kumar was staying in her house since last one year for study. On 15.06.2018, petitioner tried to outrage her

Patna High Court CR. MISC. No.23046 of 2021(2) dt.05-01-2022 2/2 modesty. When the victim lady opposed it then petitioner tried to kill her. It is further alleged that maternal uncle, Aunty threatened her for not lodging any complain, otherwise she would be killed. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that the matter has been compromised between the parties after the intervention of well-wishers and friends. In this juncture, compromise petition has been annexed to the petition. It is further submitted that the petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest/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 thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Danapur in connection with Bihta P.S. Case 656 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T