Sonu Kumar Poddar @ Sanatan @ Kumar Sanatan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36241 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

Sonu Kumar Poddar @ Sanatan @ Kumar Sanatan Son of Anil Kumar Poddar @ Amrendra Kishor Anil Resident of Village- Behat, PS- Lakhanour (R.S.O.P.), District- Madhubani 2.

Anil Kumar Poddar @ Amrendra Kishor Anil Son of Late Anant Lal Poddar Resident of Village- Behat, PS- Lakhanour (R.S.O.P.), District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 354, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners are said to have molested the informant and also assaulted her along with her husband.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the occurrence took place on 04.03.2022 but the F.I.R. lodged on 12.03.2023. He submits that there is delay of about 8 days in filing of the present FIR and

Patna High Court CR. MISC. No.36241 of 2023(2) dt.28-07-2023 2/2 there is no any explanation of it which creates serious doubt about prosecution case. He further submits that the injuries found upon the victims are simple in nature. He further submits that petitioners have got two criminal antecedents as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victims are simple in nature, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Lakhanaur (R.S.O.P.) P.S. Case No.41/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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