Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13935 of 2023 Arising Out of PS. Case No.-23 Year-2022 Thana- GOH District- Aurangabad ====================================================== GUDDU KUMAR S/O DUDHESHWAR YADAV R/v- Thanapur, P.S.- Goh, District- Auragabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Soni Kumari,Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Goh P.S. Case No.23 of 2022, registered for the offences punishable under Sections 341, 323, 504, 506, 379, 354, 354(B) and 34 of the Indian Penal Code.

The allegation is regarding the informant having gone to attend the call of nature, when the petitioner had tried to outrage her modesty, however, the victim girl had raised an alarm resulting in her mother arriving there but she was pushed by the petitioner, resulting in her sustaining injuries.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.13935 of 2023(2) dt.23-05-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that no injury report is on record to support the case of prosecution and the petitioner has been falsely implicated in the present case with oblique motives.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and there is no injury report on record to corroborate the alleged occurrence, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.13935 of 2023(2) dt.23-05-2023 3/3 is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Goh P.S. Case No.23 of 2022 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) sonal/S.SbsU T