Baliram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36915 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Baliram Kumar S/O Sri Sukhlal Mahto R/O Vill. Purantand, Ps. Lalganj, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Informant Mr. Dilip Kumar Roy For the State :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections341, 323, 354, 509, 504, 506 of the Indian Penal Code.

3. As per FIR, petitioner along with other accused persons came at the house of the informant armed with lathi, danda and sword and taking away her daughter with intention to outrage her modesty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that both the parties are close-door neighbors and they were fighting on some petty issue. He submits that there is inordinate delay in lodging the FIR which cast suspicion

Patna High Court CR. MISC. No.36915 of 2023(2) dt.08-08-2023 2/2 over whole prosecution story. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 28.07.2023 passed in Cr. Misc. No. 40637 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that all the witnesses have supported the prosecution case.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lalganj P.S. Case No. 08 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T