Sujit Kumar @ Kukku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38863 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== SUJIT KUMAR @ KUKKU Son of Suresh Singh @ Bhutu Singh Resident of village - Kopa Kala, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354(A)(B) and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. The informant alleges that petitioner along with two other accused came to her house on pretext of looking for Om Prakash Sharma and started talking to her grandfather-inlaw. It is further alleged that finding the informant alone in the house, the petitioner misbehaved and touched her inappropriately and on alarm her grandfather-in-law came when the petitioner along with other accused fled away.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38863 of 2023(2) dt.21-07-2023 2/3 petitioner has been falsely implicated in the present case. It is further submitted that the grandfather-in-law of the informant had sold 1 Katha 5 Dhurs of land through registered sale deed no. 15031, dated 26.12.2022 which was being objected by the informant and in the sale the petitioner had worked as a middle man which has irked the informant leading to the institution of the present false case. It is next submitted that the date of occurrence is 28.12.2022 and the present FIR was registered on 01.01.2023 i.e. after a delay of three days of the occurrence when the police station was just two kilometers away from the house of the informant. It is also submitted that even the allegation does not inspire confidence as the informant alleges that she was alone in the house when from the tenor of the allegation it manifests that even the grandfather-in-law of the informant was also in the house.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.10,000/-

Patna High Court CR. MISC. No.38863 of 2023(2) dt.21-07-2023 3/3 (Rupees Ten 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 Naubatpur P.S. Case No. 02 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T