Rajesh Parihar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18071 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== RAJESH PARIHAR S/o Late Raghu Parihar Resident of village- Pil Khana Dhobighatta, P.S.- Balia Belon, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 354(B), 323, 504, 506/ 34 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons tried to outrage the modesty of the informant and on protest, she was assaulted.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.18071 of 2020(2) dt.17-07-2020 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Prior to the institutin of the present case, the mother of the petitioner had instituted a case vide Balia Belon P.S. Case No. 129 of 2019 on 2.12.2019. The present case has been instituted in rataliation to the above referred case with mala fide reason. The date of occurrence is said to be 26.11.2019 for which case has been instituted on 16.12.2019. Delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Katihar in connection with Mahila P.S. Case No. 66/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.18071 of 2020(2) dt.17-07-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T