Jay Prakash Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25425 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Jay Prakash Patel Son Of Late Lal Parikhan Patel Resident of VillageShivrajpur, PO- Padarkhap, PS- Bhairoganj, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar,Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bagaha (Bhairoganj) P.S.Case No.197 of 2022, registered for the offences punishable under Sections 341, 323, 354B, 420, 406 & 504 of the Indian Penal Code.

3. As per the FIR, the informant, who is a lady, has alleged that the petitioner tried to outrage her modesty when she requested the petitioner to return back her Rs.1,50,000/-.

4. The learned counsel appearing on behalf of the petitioner submits that before the present case, the petitioner had lodged an FIR and in retaliation, the petitioner has been implicated in a false case after more than six months of the

Patna High Court CR. MISC. No.25425 of 2023(2) dt.07-07-2023 2/2 alleged day of the incident i.e. on 22.03.2022. Learned counsel further submits that the ingredients of Section 420 Cr.P.C. is lacking and the allegation as alleged against the petitioner is not sustainable. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner as well as the fact that the FIR is not accompanied by any of the instrument or written agreement between the informant and the petitioner. Petitioner is an Ex-Army man. The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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-1st, Bagaha, West Champaran in connection with Bagaha (Bhairoganj) Police Station Case No.197 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U