Binish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19979 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

BINISH KUMAR Son of Brij Nandan Rai Resident of village - Chiraiyatar, P.S. - Bihta, District - Patna.

2.

Vikash Kumar Son of Brij Nandan Rai Resident of village - Chiraiyatar, P.S. - Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.1. Permission is accorded.

Accordingly, the petition of petitioner no.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.2 and learned APP for the State.

The petitioner no.2 is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 308, 354, 447, 448, 379, 504 and 506/34 of the Indian Penal Code.

It is a case of outraging the modesty of the informant.

Patna High Court CR. MISC. No.19979 of 2022(2) dt.20-09-2022 2/2 It is submitted by learned counsel for the petitioner no.2 that the petitioner has falsely been implicated in this case. He further submits that there is allegation against the petitioner of outraging the modesty of the Bhabhi of the informant but there was no intention of the petitioner no.2 to outrage her modesty. Petitioner no.2 has clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Vikash Kumar, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Danapur in connection with Bihta P.S. Case No. 27 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T