Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47061 of 2023 Arising Out of PS. Case No.-659 Year-2022 Thana- BEUR District- Patna ====================================================== 1.

MANTU KUMAR S/O SHRI BIRENDRA ROY @ BIRENDRA KUMAR SINGH R/O VILLAGE- NEW MAHAVIR COLONY, NORTH OF HULLUKPUR VILLAGE, PS BEUR, DISTRICT PATNA BIHAR 2.

AMIT KUMAR S/O SHRI BIRENDRA ROY @ BIRENDRA KUMAR SINGH R/O VILLAGE- NEW MAHAVIR COLONY, NORTH OF HULLUKPUR VILLAGE- PS. BEUR, DIST. PATNA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 354, 354(D), 504, 506, 509, 34 of the Indian Penal Code.

3. Allegedly, petitioner is said to have abused the informant and tried to outrage her modesty and when her husband protested for the same, he was also abused and assaulted.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.47061 of 2023(4) dt.09-01-2024 2/2 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Earlier, the petitioner's side has filed the cases against the informant and others, and thereafter, only with a view to save his skin, this false case has been filed against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Beur P.S. Case No. 659 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T