Rohit Kumar @ Champak @ Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45164 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- DHANARUA District- Patna ====================================================== Rohit Kumar @ Champak @ Pandit Son of Late Sidhnath Sharma R/O Vill.- Neema, P.S.- Dhanaura, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dhanarua P.S. Case No. 42 of 2024, instituted for the offences punishable under Sections 341, 323, 325, 307, 379, 354(b), 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons entered into the house of the informant and tried to outrage her modesty on gun point and assaulted the informant and her sister with iron rod and broke their hands. The accused persons also snatched their jitiya and mangalsutra and also threatened the father and brother-in-law of the informant for dire consequences.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.45164 of 2024(2) dt.03-07-2024 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The allegation levelled against the petitioner is not specific, rather general and omnibus in nature. The informant is own cousin/niece of the petitioner. It is further submitted that there is a land dispute between the parties. The petitioner is in custody since 22.03.2024 and has got six criminal antecedents in which the petitioner is on bail in four cases.

5. Learned APP 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 and taking into account 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhanarua P.S. Case No. 42 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T