Naveen Kumar Chaudhary @ Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37690 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- NARAINPUR District- Bhojpur ====================================================== NAVEEN KUMAR CHAUDHARY @ NAVIN KUMAR S/o Brindanand Chaudhary @ Brinda Kumar Chaudhary R/o village- Dhobari, P.S.- Narayanpur, Distt.- Bhojpur (Ara) Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Sen Prasad For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Narayanpur P.S. Case no. 48 of 2020 registered for the offence punishable under sections 323, 354B, 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 24.02.2021, is person with clean antecedent and charge sheet has been submitted and is student of B.A. Learned counsel further submits from the allegation as alleged in the FIR, it would manifest that the informant Shiv Kumari Devi alleges that on 3.6.2020 while she was alone and she was sleeping in her house at about 1 p.m., petitioner came and removed her Sari and Petticoat due to which she became

Patna High Court CR. MISC. No.37690 of 2021(2) dt.08-12-2021 2/3 naked and woke up and when the informant tried to raise alarm the accused shut her mouth with his hand and tore her blouze forcibly when the informant protested accused abused and assaulted her and also threatened to kill her. It is next alleged that seeing the people gathered the accused snatched golden chain from her neck and fled away. Learned counsel submits that petitioner has been falsely implicated by the informant for the reason that the informant and her family members had abused mother of the petitioner alleging her to be a witch and she was beaten also and accordingly, mother of this petitioner instituted Narayanpur P.S. Case no. 118 of 2020 against the informant and her family members. Learned counsel submits that it does not stand to reason that petitioner at 1 p.m. would have gone to the house of the informant to commit such an offence. Further, FIR also does disclose that who were the villager who had assembled who saw the petitioner fleeing from the place of occurrence.

Learned APP Sri Akbar Ali oppose the prayer for bail. Considering the facts that petitioner is in jail custody , is a person with clean antecedent and is student as would be evident from Annexure 4 of the bail application, the petitioner is directed to be released on bail on furnishing bail bonds of Rs

Patna High Court CR. MISC. No.37690 of 2021(2) dt.08-12-2021 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VI, Bhojpur at Ara in Narayanpur P.S. Case no. 48 of 2020. (Satyavrat Verma, J) s.hassan/- U T