Tribhuwan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38872 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MAHILA P.S District- West Champaran ====================================================== Tribhuwan Mishra S/O Om Prakash Mishra R/O Village- Mishrain Tola, Ward No. 05, Sarangi Chhap, Bharwaliya, P.S.- Pahadpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Adv.

For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bettiah Mahila P.S. Case No. 06 of 2024 dated 02.02.2024 registered for the offences punishable under Sections 343, 354A, 354B, 354C, 354D, 376, 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per the prosecution case, the petitioner taking benefit of the circumstance of the victim showed himself as a journalist, he took away the victim in Nepal. Thereafter, the petitioner brought the victim from Nepal to Bettiah and kept in Hotel. The petitioner made illicit relationship with the victim and so many chance outraged her modesty. He used to give

Patna High Court CR. MISC. No.38872 of 2024(3) dt.10-07-2024 2/3 intoxicated drugs in the night to the victim and also called his two friends Chandan Kumar Dwivedi and Abhishek Dwivedi for taking benefit of the worse circumstance of the victim.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the medical report, there is no evidence of sexual assault on the victim. A compromise has taken place between the parties and in this regard, a compromise petition (Annexure-P/4) under the signature of the victim and the petitioner through their respective advocates was filed before the learned court below stating therein that she does not want to pursue the case. The victim is a major. It is further submitted that the petitioner has no concerned with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.38872 of 2024(3) dt.10-07-2024 3/3 concerned, West Champaran, Bettiah in connection with Bettiah Mahila P.S. Case No. 06 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T