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Patna High CourtCR. MISC./31396/2020dismissed

Barun Kumar Yadav v. The State Of Bihar

2021-01-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31396 of 2020 Arising Out of PS. Case No.-97 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Barun Kumar Yadav, Male, aged about 20 years, S/o Bande Yadav @ Bindeshwar Yadav, R/o village- Batermari, P.S.- Laukaha, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2021 Learned counsel for the petitioner is permitted to remove the defect within four weeks.

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

The petitioner apprehends his arrest in connection with Laukaha P.S. Case No. 97 of 2020 dated 08.04.2020 corresponding to G.R. No.523 of 2020 registered for the offences punishable under Sections 354B, 379 of the Indian Penal Code.

The prosecution case as stated by the informant namely Roshani Kumari that on 05.04.2020, she was returning from her house at about 7.30 P.M. but as soon as they reached in a lonely place between her another house, the petitioner suddenly came there and caught hold her and they tore her cloth. She started crying then people gathered there, then he fled away by snatching her golden chain from her neck.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.31396 of 2020(2) dt.29-01-2021 2/2 petitioner has falsely been implicated in the present case. He further submits that there is case and counter case between the parties. He further submits that there is no criminal case pending against the petitioner.

Learned A.P.P. for the State has opposed the prayer for bail and submits that the allegation against the petitioner is that at the time of occurrence at about 7.30 P.M. to outrage the modesty of the victim aged about 18 years.

In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Laukaha P.S. Case No.97 of 2020 pending in the court of learned A.C.J.M.-1, Jhanjharpur, Madhubani is hereby rejected. However, the petitioner is directed to surrender before the court below and pray for regular bail and the court below shall pass the order on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) Nasimul/- U T