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Patna High CourtCR. MISC./33427/2023bail granted

Prashant Bharti v. The State Of Bihar

2024-01-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33427 of 2023 Arising Out of PS. Case No.-1173 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

PRASHANT BHARTI SON OF ARUN KUMAR RESIDENT OF VILLAGE- BEHIND THAKURWADI, SILVAR MAHTO GALI, KUMHRAR PS- AGAMKUAN, DISTT- PATNA, PRESENTLY POSTED AS ASSITANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY DIVISION, ITARHI, DISTT- BUXAR 2.

RANJEET KUMAR SON OF RAMASHRAYA PRASAD RESIDENT OF VILLAGE- BADAUA, PS- HILSA, DISTT- NALANDA, PRESENTLY POSTED AS JUNIOR ELECTRICAL ENGINEER, ELECTRIC SUPPLY DIVISION, PURUSHOTTAMPUR, DISTT- BUXAR 3.

MAHENDRA SINGH SON OF SHEOMANGAL SINGH RESIDENT OF VILLAGE- SAMADA, PS- ITARHI, DISTT- BAXAR 4.

UPENDRA SINGH SON OF RAM EKBAL SINGH RESIDENT OF VILLAGE- JAIPUR, PS- ITARHI, DISTT- BAXAR 5.

VIKAS KUMAR SINGH SON OF AJAY SINGH RESIDENT OF VILLAGE- BASUDHAR, PS- ITARHI, DISTT- BUXAR 6.

BHARAT SINGH SON OF SARAYU SINGH RESIDENT OF VILLAGEKUNJNARA, PS- SIKRAUL, DISTT- BUXAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRAMILA DEVI WIFE OF BALA NUT RESIDENT OF VILLAGELAHURBARI, PO- MUJAN , PS- MOHANIYA, DISTT- KAIMUR AT BHABHUA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Kislay, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State but in spite of valid service of notice none is present on behalf of the petitioners.

2. The petitioners apprehend their arrest in a case registered for

Patna High Court CR. MISC. No.33427 of 2023(5) dt.09-01-2024 2/3 the offences punishable under Sections 420, 406, 323, 354B, 504, 506 & 120B/34 of the Indian Penal Code.

3. The petitioners are said to have cheated an amount of Rs.75,000/- from the complainant and on demand to refund the amount they outraged the modesty and molested her.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. It is further submitted that the petitioners are members of the raiding party of electric department and have been falsely implicated in this case due to ulterior motive. They have neither concern with the complainant nor the complainant has given any money nor any documentary proof is available showing payment. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner nos.1, 2 and 3 have one criminal antecedent, whereas petitioner nos.5 and 6 have no criminal antecedent, as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

Patna High Court CR. MISC. No.33427 of 2023(5) dt.09-01-2024 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.1173 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T