Patna High CourtCR. MISC./30768/2024bail granted

Dilip Kumar v. The State Of Bihar

2024-09-11Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30768 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Dilip Kumar Son of Late Mahabir Mahato @ Late Mahavir Mahato Resident of Village- Shantipuri, Ward No. 22, Police Station- Town Motihari, DistrictEast Champaran at Motihari ... ... Petitioner/s

Versus

The State of Bihar 2.

Victim X Daughter of Late Guddu Pandit R/O Shantipuri, Ward no.-22, P.S.- Town, Motihari, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Town P.S. Case No. 687 of 2023 dated 22.10.2023 registered for the offences punishable under Sections 447, 448, 341, 354, 354B, 354A, 504 and 506 of the Indian Penal Code, Section 12 of the POCSO Act and Section 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on 22.10.2023 at about 7:00 PM when the informant was at her house, in the

Patna High Court CR. MISC. No.30768 of 2024(5) dt.11-09-2024 2/3 meantime, the petitioner entered in her house in drunken condition and caught her hand with intention of doing wrong act. On protest, the petitioner threatened to kill her and also tried to outrage her modesty. When the informant raised alarm, the villagers came and save her. Thereafter, the accused was caught and handed over to the police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 22.10.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special, Excise Court No.1, East Champaran at Motihari in connection with Motihari Town P.S. Case No.

Patna High Court CR. MISC. No.30768 of 2024(5) dt.11-09-2024 3/3 687 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T