Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24907 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== 1.
SUJIT KUMAR son of Nathu Chaudhary Village- Sahasrao Ps- Bhairoganj 2.
Lalu Kumar @ Lalu Chaudhary son of Prabhu Chaudhary VillageBankatwa Ps- Bagaha Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 342, 323, 354(B), 504, 506/34 of the Indian Penal Code.
3. It is alleged that this petitioner along with other coaccused person entered the house of the informant and caught the minor daughter of the informant and misbehaved with her by touching her private parts.
4. it is submitted that that there is delay of 11 days in lodging the F.I.R for which there is no plausible explanation which itself creates doubt over the veracity of the entire prosecution. As a matter of fact, scuffle took place between the
Patna High Court CR. MISC. No.24907 of 2023(3) dt.28-07-2023 2/2 parties earlier, taking advantage of the situation this false and concocted case has been lodged against these petitioners. There is no witness of the alleged occurrence. Petitioner claims clean antecedent.
5. Learned counsel for the petitioners oppose the bail petition.
6 Considering the delay in lodging the F.I.R and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bagaha, West Champaran in connection with Mahila Bagaha P.S. Case No 83 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T