Jhunna Sah @ Jhuna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13229 of 2023 Arising Out of PS. Case No.-586 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== JHUNNA SAH @ JHUNA SAH S/O Sri Jagdish Sah R/O Village- Parsa, Ward No- 04, P.S- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 447, 448, 341, 323, 337, 427, 354B, 316 and 109/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is further submitted that from perusal of the FIR, it would manifest that the date of occurrence has not been mentioned in the FIR. It is next submitted that there is admitted land dispute between the side of the petitioner and the informant as they are related and are agnates and the allegation against this petitioner is of outraging the modesty of the wife of the informant. It is also submitted that though there is allegation in the FIR that Ramdeo Sah kicked the wife of the informant which led to death of the child in the womb but then it is

Patna High Court CR. MISC. No.13229 of 2023(2) dt.25-05-2023 2/2 submitted that the allegation is exaggerated and no injury or medical report is on record to substantiate the same. It is further submitted that as far as the present petitioner is concerned, the only allegation against him is of outraging the modesty but then the allegation is exaggerated and there is no allegation of assault against this petitioner.

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 Majhaulia P.S. Case No. 586 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T