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Patna High CourtCR. MISC./23653/2022allowed

Pinku Prasad @ Sarvind Kumar v. The State Of Bihar

2022-08-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23653 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== PINKU PRASAD @ SARVIND KUMAR Son of Dayanand Prasad Resident of Village - Nayabigha, P.s.- Athmalgola, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Learned counsel for the petitioner seeks permission to make necessary correction in para-1 of this application as section 354 has been wrongly mentioned as section 3354. He is permitted to make the necessary correction in course of day.

Let section 3354 be read as section 354 at para-1. The petitioner apprehends his arrest in a case registered for the offence punishable under section 354, 354(B), 354(D) of IPC.

Patna High Court CR. MISC. No.23653 of 2022(2) dt.30-08-2022 2/3 Allegedly, the petitioner misbehaved with the informant when she was alone at her home. When it came in the knowledge of her father, then he went to the house of the petitioner and complaint it to his family upon which his family members started quarrel with him. The informant further alleged that due to aforesaid circumstances she took insecticide medicine.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that there is a compromise between the parties and this fact is also supported by the learned counsel for the informant. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a compromise between the parties, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six

Patna High Court CR. MISC. No.23653 of 2022(2) dt.30-08-2022 3/3 weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Athmalgola P.S. Case No.22 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T