Sikindar Gupta @ Sikandar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26106 of 2020 Arising Out of PS. Case No.-82 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SIKINDAR GUPTA @ SIKANDAR GUPTA S/o Radhelal Sah Resident of Village and P.S-Siwaipatti, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh, Adv For the Opposite Party/s :

Mr.A.G.

====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2020 Heard learned counsel for parties.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 354 of the Indian Penal Code.

Informant in her written complaint has alleged that on 08.06.2016 at about 8:30 pm in the night when she was sleeping lonely in her house, petitioner entered in her house and started doing indecent activities and when she raised alarm, petitioner fled away saying that he will marry her and if he will not be able to marry her then he will kill her.

Patna High Court CR. MISC. No.26106 of 2020(2) dt.21-10-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village politics and business rivalry. It has been submitted that learned court below took cognizance against the petitioner on the basis of protest petition filed by the Informant being Muzaffarpur Complaint Case No. 82 of 2017. It has been further submitted that on the basis of complaint of Informant Siwaipatti P.S. Case No. 51 of 2016 has been lodged against this petitioner along with three others under Sections 376, 511, 504/34 of the IPC and after investigation I.O. has submitted final form no. 122 of 2016 dated 30.08.2016 in favour of petitioner. Petitioner and mother of informant are running shop in market and due to business rivalry, mother of informant got lodged this false and concocted case by her daughter. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his/her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/-with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Trial No. 1173 of 2018 arising out of

Patna High Court CR. MISC. No.26106 of 2020(2) dt.21-10-2020 3/3 Muzaffarpur Complaint Case No. 82 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U