Babul @ Babul Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45323 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Babul @ Babul Alam Son of Nur Salam R/O Village-Bherbheriya (Singhia Tola), P.S.- Kochadhaman, District-Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amal Kumar Sinha For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 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 offence under Sections 341, 323, 354(B), 379, 504, 506/34 of the Indian Penal Code.
3. Allegation against petitioner is that on 27-07-2023 at around 5 P.M., when the informant was doing her house hold work, this petitioner along with other co-accused entered in her house and assaulted her with kicks & fists and also tried to outrage her modesty. It is further alleged that this petitioner and others also ransacked the house of informant, took away gold & silver ornaments and cash of Rs. 50,000/- and also threatened her to kill.
4. Learned counsel for the petitioner submits that petitioner is brother-in-law of the informant. Allegation levelled against petitioner is false and concocted. There is delay of three
Patna High Court CR. MISC. No.45323 of 2024(3) dt.05-09-2024 2/2 days in lodging the F.I.R. Learned counsel further submits that as a matter of fact, jewellery of the petitioner was kept by the informant and when the petitioner demanded his jewellery, the informant lodged this false and concocted case only to put pressure and harass the petitioner. Allegation of assault is general and omnibus. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 183 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T