Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31205 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== MITHILESH SINGH S/o- SUDAMA SINGH Village- Raipurchor, P.S.-Baddi OP, Dist -Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 326, 354, 379, 452, 506 and 34 of the Indian Penal Code.

3. The informant alleges that her brother-in-law (petitioner) entered the house with a pistol and tried to establish sexual relation, on protest he assaulted her at inappropriate place but was saved on intervention of her father-in-law and Rahul, it is next alleged that petitioner's wife also came and snatched her gold chain and ear tops.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31205 of 2023(2) dt.28-07-2023 2/3 the petitioner has antecedent of one case and has been falsely implicated in the present case, it is next submitted that petitioner is brother of the husband of the informant and they are having dispute. It is also submitted that wife of the petitioner had instituted Sheosagar (Baddi O.P.) P.S. Case No. 39 of 2023 against the informant and others which had irked the informant, it is next submitted that it absolutely does not stand to reason that if what has been alleged in the FIR is true then the wife of the petitioner would have supported her husband in such an occurrence and would have come in his aid and snatched the ear ring and chain of the informant.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial

Patna High Court CR. MISC. No.31205 of 2023(2) dt.28-07-2023 3/3 court where the case is pending/successor court in connection with Sheosagar (Baddi O.P.) P.S. Case No. 40 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T