Kaushal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29713 of 2023 Arising Out of PS. Case No.-28 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Kaushal Singh Son Of Lalit Kumar Singh R/O Village- Ghorsar, P.S.- Kusheshwar Asthan, District- Darbhanga 2.

Keshal Kumar Singh @ Keshal Singh Son Of Lalit Kumar Singh R/O Village- Ghorsar, P.S.- Kusheshwar Asthan, District- Darbhanga 3.

Rajeev Kumar Singh Son Of Late Sita Ram Singh R/O Village- Ghorsar, P.S.- Kusheshwar Asthan, District- Darbhanga ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioners is that they have outraged the modesty of the informant. It is further alleged that when the family members of the informant came to save her, they were also been assaulted by the accused persons.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.29713 of 2023(2) dt.13-07-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties. He submits that there is no specific overt act against the petitioners. He further submits that after the investigation the police has already submitted charge-sheet agaisnt the petitioners. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kusheshwar Asthan P.S. Case No.28/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T