Sunil Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18194 of 2022 Arising Out of PS. Case No.-90 Year-2019 Thana- KHIRHAR District- Madhubani ====================================================== SUNIL SAFI Son of Raj Kumar Safi Resident of Village - Bhalabengra, P.S.- Khirhar, Distt,- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Dr. Kumar Udya Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 354A, 379, 504 & 506/34 of the Indian Penal Code. The petitioner in association of other co-accused is said to have misbehaved with the complainant and also tried to outrage her modesty. They also assaulted her by fists and slaps. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.18194 of 2022(2) dt.18-08-2022 2/2 He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of more than one month in filing the complaint petition without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five 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 Khirhar P.S. Case No. 90 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.