Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39724 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- SARMERA District- Nalanda ====================================================== Shailendra Kumar S/O Late Kanhaiya Dhadhi R/O Village- Sarmera, P.S.- Sarmera, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323 and 354-B of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant (minor) alleges that on 12.02.2021 while she was returning after attending nature's call when the petitioner finding her alone near the Chimni of Vijay Singh caught her hand when she raised hue and cry, then the petitioner assaulted her with fists and slaps, but she managed to escape from the place of occurrence. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Earlier the mother of the petitioner had instituted a Complaint Case

Patna High Court CR. MISC. No.39724 of 2021(5) dt.29-06-2022 2/2 No.182 of 2021 against the maternal grandfather and grandmother of the victim and the victim, who had come to meet her maternal grandfather and grandmother instituted the present false case with bald and general allegation. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent and in the nature of allegation, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sarmera P. S. Case No.37 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T