Sanjeev Sah @ Sanjeev Kumar @ Sanjeev Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33446 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Sanjeev Sah @ Sanjeev Kumar @ Sanjeev Kumar Sah son of Umesh Prasad Sah Resident of village- Tharbitta Ward No. 4, P.S.- Kishanpur, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumod Kumar Shrivastaw, Adv.

For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Kishanpur P. S. Case No.132 of 2023 under Sections 376 of the Indian Penal Code. read with section 66(E) IT Act 2000.

3. As per the prosecution, the FIR has been lodged against two named accused persons including the petitioner against whom there is allegation of rape and to make video.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that antecedent of the petitioner is clean and from bare reading of F.I.R., there is absolutely no allegation of 376 of the I.P.C. against him.

5. Counsel further submits that it has also not alleged

Patna High Court CR. MISC. No.33446 of 2024(3) dt.26-06-2024 2/2 that the petitioner has prepared video. He submits that after investigation, police has submitted his report and in the said report, F.I.R. has not been found true against him.

6. Counsel also submits that the trial court has taken cognizance vide order dated 23.11.2023 against the present petitioner also. As such occasion has arisen for the petitioner to move for bail.

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

8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P. S. Case No.132 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T