Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19002 of 2024 Arising Out of PS. Case No.-67 Year-2023 Thana- MAHILA PS District- Aurangabad ====================================================== Sunil Kumar S/O Sneshi Rawani @ Sineshi Ramami R/O Village- Gopalpur, P.S- Rafiganj, Distt.- Aurangabad (Bihar) ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal , Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 354, 354B, 504, 506 and 34 of the Indian Penal Code .

3. As per the prosecution case, on the alleged date and time of occurrence, this petitioner along with other co-accused persons suddenly entered into the house of the informant and misbehaved with the informant and her sister.

4. Learned counsel for the petitioner submits that as a matter of fact, two days prior to alleged dated of occurrence, mother of the petitioner had gone to attend call of nature where she was abused and harassed by the relatives of the informant and on protest by the mother of petitioner she was assaulted by grandfather and uncles of informant for which one Panwa Devi

Patna High Court CR. MISC. No.19002 of 2024(3) dt.09-07-2024 2/2 lodged a case in Aurangabad Mahila PS Case No. 68 of 2023 against the informant side and in retaliation , this false and concocted case has been lodged only with a view to harass the petitioner. It is further submitted that there is no allegation of sexual assault against this petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge , VIth - cum- Exclusive Special Judge , POCSO Act, Aurangabad in connection with Aurangabad Mahila P.S. case No. 67 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T