Ajay Das @ Ajay Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29321 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== AJAY DAS @ AJAY KUMAR TANTI S/o Ram Dev Das Resident of VillageBatanwari, Police Station-Khutauna, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

At the outset, it is submitted on behalf of the petitioner that due to inadvertence, in the address portion of petitioner, PS Khutauna has been typed. The same may be corrected and read as PS Laukaha.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Laukaha P.S. Case No. 312 of 2019, registered for the offences punishable under Section 354(B) of the Indian Penal Code. Prosecution case in brief is that on 14.09.2019 while the informant had gone to take bath, this petitioner is alleged to

Patna High Court CR. MISC. No.29321 of 2020(2) dt.09-12-2020 2/2 have tried to outrage her modesty and commit rape. It is submitted that petitioner has been falsely implicated in this case. FIR has been lodged after delay of one month for which no plausible explanation has been given. Present case is counter blast of complaint case bearing no. 540 of 2019 dated 16.09.2019, which was filed by the wife of this petitioner against the husband of informant and others. Petitioner has got clean antecedent, as stated in para 3 of the petition.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 312 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T