Raushan Kumar @ Roushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41507 of 2024 Arising Out of PS. Case No.-146 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== Raushan Kumar @ Roushan Kumar Son of Late Ram Uday Yadav R/O Vill.- Chandpura, P.S.- Nimachandpura, Dist.- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Neema chandpura P.S. Case No. 146 of 2023, instituted for the offences under Sections 324, 326, 341, 307, 354B, 504, 506/34 of the Indian Penal Code.
3. Prosecution allegation, in short, is that on the alleged date and time of occurrence, the petitioner alongwith other co-accused Raushan Kumar entered into the house of the informant and tried to molest her. It is further alleged that this petitioner cut the neck of the informant with knife.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.41507 of 2024(2) dt.21-06-2024 2/3 Learned counsel further submitted that there is delay of 10 days in lodging the FIR without any cogent explanation which, in itself, creates doubt over the prosecution story. The petitioner and the informant are neighbours and there is previous dispute with regard to rasta. Learned counsel next submitted that the matter has amicably been settled between the parties outside the Court and a copy of which has been annexed at Annexure-3 of the present bail application. Charge-sheet has been submitted in this Case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2023 and has no criminal antecedent. It is further submitted that co-accused Sonu Kumar has been enlarged on bail vide order dated 19.02.2024 passed in Cr. Misc. No. 8455 of 2024 by this Court.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the matter being amicably settled outside the Court, no criminal antecedent of the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.41507 of 2024(2) dt.21-06-2024 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Neemchandpura P.S. case No. 146 of 2023. (Rudra Prakash Mishra, J) Prakash/- U