Shiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25715 of 2024 Arising Out of PS. Case No.-800 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Shiv Kumar Son of Sri Ashok Kumar @ Ashok Yadav @ Bindu Yadav Resident of Village- Ajwan Bahera Tar, Police Station- Naubatpur, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr.Adv.
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2024 Heard Mr. N.K.Agrawal, learned senior counsel assisted by Mr. Pankaj Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Section 376/511 of the Indian Penal Code.
3. As per the prosecution case, this petitioner is alleged to have knocked the door of the informant and forcibly took her to his house and thereafter, attempted to commit rape, however; on raising alarm by informant, the petitioner fled away from there.
4. Learned counsel for the petitioner submits that entire prosecution case is highly absurd, unbelievable and
Patna High Court CR. MISC. No.25715 of 2024(3) dt.27-06-2024 2/3 unnatural. As a matter of fact, both parties are close door neighbours and there is admitted long standing dispute over the pathway between the parties, for which, petitioner has filed several applications before the higher authorites, but only with a view to harass and settle the said land dispute, this false and concocted case has been lodged against this petitioner. From bare perusal of the narration of the fact, as stated in the F.I.R., it appears that the petitioner was forcibly dragging the informant, but neither the informant protested nor her family members raised any objection against this petitioner, which cannot be believed, and said to be against the normal conduct. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - VI, Danapur, District - Patna in connection with Naubatpur P.S. Case No. 800 of 2023, subject to condition as laid down under
Patna High Court CR. MISC. No.25715 of 2024(3) dt.27-06-2024 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T