Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39847 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- TARAIYA District- Saran ====================================================== CHANDAN KUMAR SINGH SON OF LATE RAJESHWAR SINGH R/O Village- Faridpura, P.S.-Taraiyan, Dist.-Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard Mr. Surendra Kishore Thakur for the petitioner as well as Mr. Dilip Kumar No.1, learned APP on behalf of the State.

2. The petitioner apprehend his arrest in connection with Taraiyan P.S. Case No.167 of 2022, registered for the offence punishable under Sections 354B of the Indian Penal Code.

3. The allegation against the petitioner is that he put the victim in fear on point of knife and pistol. Thereafter, took her to isolated place and tried to commit rape with her. He also made her obscene video and threatened her to not disclose the incident to anyone.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.39847 of 2023(3) dt.19-10-2023 2/2 the manner as alleged, has ever taken place. He submits that there is no specific overt act against the petitioner and the parties have compromised the matter. Petitioner has no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law considering that there is a compromise between the parties.

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