Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34338 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rajan Kumar Son Of Raj Mohan Mahto R/O Village- Morsandi, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Motipur P.S. Case No. 05 of 2021 instituted for the offences under Sections 341, 323, 324, 354, 307 and 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.01.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that this petitioner entered in the house of the informant and tried to outrage the modesty of his daughter after closing the door from inside. However, after

Patna High Court CR. MISC. No.34338 of 2021(2) dt.01-12-2021 2/3 breaking the door, the petitioner was caught by the informant's family and then other family members of this petitioner came to the informant's house and assaulted the informant and his family members and when the police reached, the petitioner was apprehended.

Learned counsel for the petitioner submits that a baseless allegations has been leveled against this petitioner. The fact is that the petitioner and the daughter of the informant were in love and used to talk over mobile which was objected by the informant and on the date of occurrence, the daughter of the informant had called the petitioner and when he had gone to meet her, he came to be implicated in the present false case and as far as allegation of assault is concerned, the nature of injury is simple. Learned counsel further submits that mother of this petitioner namely, Geeta Devi had instituted Complaint Case No. 43 of 2021 before the learned A.C.J.M.-I, West, Muzaffarpur against the informant and his family members as they had brutally assaulted when they came to know about the love affair between this petitioner and the daughter of the informant.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Patna High Court CR. MISC. No.34338 of 2021(2) dt.01-12-2021 3/3 Considering the fact that the petitioner is in custody since 05.01.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, West, Muzaffarpur in connection with Motipur P.S. Case No. 05 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T