Munna Kumar Singh @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44429 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Munna Kumar Singh @ Munna Kumar S/O Raghu Nandan Singh Resident Of Kaindi, P.S.- Halsi, Dist- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari W/O Gulshan Kumar R/O Kaindi, P.S.- Halsi, Dist- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Lakhisarai Mahila P.S. Case No. 02 of 2023 instituted under Sections 341, 323, 354, 354(A), 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner who is cousin father-in-law of the informant is that he started teasing the informant with ill-motive and on protest he molested her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to land dispute. He further submits that the husband of

Patna High Court CR. MISC. No.44429 of 2024(2) dt.07-08-2024 2/3 the informant and the petitioner are co-sharers and the husband of the informant continuously selling the land of the petitioner's share without his consent and on objection being made by the petitioner, the informant and her husband filed the frivolous case against the petitioner. There is two days delay in filing the FIR without any plausible explanation which creates doubt in the prosecution case. He further submits that petitioner has two criminal antecedent in which one case belong to Excise Act and one case has been filed by the husband of the informant and in both cases, the petitioner is on bail. The petitioner undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Lakhisarai / Concerned Trial Court in connection with Lakhisarai Mahila P.S. Case No. 02 of 2023, subject to the conditions laid down in

Patna High Court CR. MISC. No.44429 of 2024(2) dt.07-08-2024 3/3 Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T