Shiv Shankar Prasad Chauhan @ Shiv Shankar Chauhan @ Shiv Shankar Prasar @ Shiv Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41604 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Shiv Shankar Prasad Chauhan @ Shiv Shankar Chauhan @ Shiv Shankar Prasar @ Shiv Shankar Prasad Son of Babulal Chauhan Resident of Village - Shekhda Bigha, P.S. - Sarmera, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Ranjan Sinha, Advocate Ms. Seema Kumari, Advocate Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sarmera P.S. Case No.19 of 2024, instituted under Sections 147, 149, 341, 323, 504, 379, 325 & 354 of the Indian Penal Code.
3. As per the prosecution case, seven accused persons came at the house of the informant and started abusing her. It is further alleged that petitioner started humiliating the informant with bad intention and threw her on the earth. On objection, he assaulted the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.41604 of 2024(3) dt.18-09-2024 2/2 petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. Petitioner is a Government servant and he was not present at the spot. On the alleged date of occurrence he was in his office. There is no chance of absconding of the petitioner or tampering with the evidence. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, POCSO, Biharsharif, Nalanda in connection with Sarmera P.S. Case No. 19 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Ritik/Siwani/- U T