Umesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25329 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== UMESH BIND Son of Satnarayan Bind Resident of Village- Kushahar, Police Station- Sheosagar, Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-05-2022 For the reason of this case not having been taken up even once for a year, a priority hearing has been given in this matter.

Heard Mr. Raghunandan Kumar Singh, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Shivsagar P.S. Case No. 358 of 2020 dated 23.11.2020 instituted for the offences under Sections 341, 323, 354, 354(B), 359, 504, 506 and 34 of the Indian Penal Code.

The petitioner is alleged to have attempted to molest the prosecutrix in the night of 15.09.2020. While pressing for anticipatory bail, the learned

Patna High Court CR. MISC. No.25329 of 2021(2) dt.12-05-2022 2/3 counsel for the petitioner urged that with respect to the occurrence of 15.09.2020, the case was filed on 23.11.2020 and that also without any explanation whatsoever. He has further submitted that it is a false case and the prosecutrix has been set up by her husband, who in his capacity as mason had taken an accommodation loan from the petitioner but had refused to work in the construction of the house of the petitioner.

Considering the afore-noted facts and taking into account the delay in lodging of the FIR, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Shivsagar P.S. Case No. 358 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

While saying so, the Court has also taken note of the fact that the prosecutrix does not even stay in Sasaram but in her village home and the petitioner has got no concern with

Patna High Court CR. MISC. No.25329 of 2021(2) dt.12-05-2022 3/3 the village in which the prosecutrix resides. (Ashutosh Kumar, J) krishna/- U T