Patna High CourtCR. MISC./38937/2023bail granted

Pinku Singh @ Astam Kumar @ Ashtam Kumar v. The State Of Bihar

2023-07-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38937 of 2023 Arising Out of PS. Case No.-760 Year-2022 Thana- BANKA District- Banka ====================================================== PINKU SINGH @ ASTAM KUMAR @ ASHTAM KUMAR S/O ANIL PRASAD SINGH @ ANIL KUMAR SINGH R/O Old B,Stand Road, Banka, PS. Banka, Dist. Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2023

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Banka PS Case No. 760 of 2022 dated 28.11.2022 registered under Section 341, 323, 354A and 354B of the IPC.

3. As per the First Information Report, on 28-11-2021 in the morning the petitioner entered into the room of the informant, pulled her on the ground and starting disrobing her with intention to commit rape. Upon alarm raised by the informant, the petitioner pressed her neck with intention to kill.

4. Learned counsel for the petitioner submits that there is a tenant landlord dispute between the parties and petitioner is the landlord of the informant. He further submits that on 28/11/2022 the petitioner had objected the illegal activity

Patna High Court CR. MISC. No.38937 of 2023(2) dt.28-07-2023 2/2 of the informant and asked her to vacate the tenanted premises upon which she has lodged a concocted case against the petitioner. The petitioner has also filed a counter case vide Banka PS Case No. 761 of 2022 (Annexure-2).

5. Regard being had to the submission made by the parties, taking into consideration the fact that there is a landlord tenant dispute between the parties, case and counter case is also there and the petitioner is a retired Army Constable, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Banka PS Case No. 760 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U