Chhotu Bajpei v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30276 of 2020 Arising Out of PS. Case No.-494 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== CHHOTU BAJPEI S/o Shivi Vajpei Resident of Village-Ghoraghat, P.S.- Sherghati (Dobhi), District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State.

The petitioner seeks regular bail in connection with Sherghati (Dobhi) P.S. Case No. 494 of 2019, registered for the offence punishable under Sections 341, 323, 504 and 354(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.30276 of 2020(2) dt.24-11-2020 2/3 The allegation is regarding the petitioner having tried to forcibly engage in sexual relationship with his sister-in-law, however, he could not succeed since his brother had arrived at the said place of occurrence.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 30.10.2019. It is further submitted that the petitioner has been suitably punished inasmuch as he is languishing in custody since a long time.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is

Patna High Court CR. MISC. No.30276 of 2020(2) dt.24-11-2020 3/3 directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sherghati in connection with Sherghati (Dobhi) P.S. Case No. 494 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T