Patna High CourtCR. MISC./34033/2024bail granted

Bisheshwar Kumar @ Bisheshwar Ram v. The State Of Bihar

2024-05-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34033 of 2024 Arising Out of PS. Case No.-726 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Bisheshwar Kumar @ Bisheshwar Ram Son of Basudev Ram @ Basdev Ram R/O Vill.- Daharwa tola, P.S.- Shikarpur, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 726 of 2023 registered under Sections 341, 323, 308, 379 and 504/34 of the Indian Penal Code.

3. As per F.I.R., on 05.09.2023 at about 2:00 PM, the petitioner entered the house of the informant and tried to outrage her modesty and also snatched the Mangalsutra from the neck of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that due to dispute over drainage, this false and concocted case has been lodged. As per F.I.R., occurrence took place on 05.09.2023 but

Patna High Court CR. MISC. No.34033 of 2024(2) dt.23-05-2024 2/2 the F.I.R. has been lodged after delay of five days i.e. on 10.09.2023 and there is no plausible explanation for the same. Petitioner claims clean antecedent.

5. Having considered the delay in lodging the F.I.R. coupled with the fact that petitioner claims clean antecedent, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 726 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T