Govind Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34958 of 2022 Arising Out of PS. Case No.-02 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== GOVIND CHAUPAL SON OF SHANKAR CHAUPAL Resident of villageBalia, P.S- Biraul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 341, and 354B of the Indian Penal Code & Section 4, 8 and 12 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner entered her house in her absence and tried to commit sexual assault with the victim girl but fled when the informant returned.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that allegation is of attempt to commit sexual

Patna High Court CR. MISC. No.34958 of 2022(2) dt.28-11-2022 2/2 assault, it is also submitted that victim has not instituted the F.I.R which creates doubt with regard to the veracity of the allegation. It is also submitted that Biraul P.S. Case No. 03 of 2020 was instituted by the petitioner against son of the informant as such the present false case came to be instituted so that a compromise is arrived at.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Biraul P.S. Case No. 02 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T