Hari Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26688 of 2023 Arising Out of PS. Case No.-513 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== MD. AKATAR ABBASI @ AKATAR PAMERIA SON OF MD. SAKUR ABBASI @ SAKUR PAMERIA Resident of village - Barahkurwa (ward no. 3), P.S. - Tribeniganj, Distt. - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :
Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354, 354A, 504, 506/34 of the Indian Penal Code, Sections 8/17 of POCSO Act and Sections 3(1) (r) (s) of SC/ST.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner alongwith named accused persons intercepted them near Urdu Madhya Vidhyalay and molested her minor daughter aged about seventeen years.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the date of occurrence is 05.08.2022
Patna High Court CR. MISC. No.26688 of 2023(2) dt.20-07-2023 2/2 thereafter a written complaint was sent to the DGP, Bihar, on 15.09.2022 and thereafter the present FIR came to be instituted on 14.11.2022, it is thus submitted that even the complaint before the DGP, Bihar, was sent after a delay of more than a month which cast an aspersion on the case of the prosecution when petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Triveniganj P.S. Case No. 513 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T