Pappu Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41820 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- ITARHI District- Buxar ====================================================== Pappu Chauhan, Son Of Shivmunni Chauhan @ Shivmuni Noniya Resident Of Village- Gojrahi, Dera, Ps- Itarhi, Distt- Buxar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Dimpal Kumari For the Opposite Party/s :
Mr. Rajendra Prasad Nat Mr. Dwivedy Surendra Shivam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 504 and 506 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while she was sleeping with her mother in the night when petitioner barged into the house and tried to outrage her modesty, on alarm he fled away threatening her.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner is a co-villager and the informant
Patna High Court CR. MISC. No.41820 of 2023(3) dt.08-08-2023 2/3 is married lady and had come to meet her mother. It is further submitted that the petitioner and the informant were known from before and the petitioner came to meet her when her mother objected on account of which, the present false case came to be instituted.
5. It is next submitted that it absolutely stand to reason that as to why the petitioner, being a co-villager, would have indulged in an act creating evidence against himself and hence, would get implicated. It is next submitted that even presuming what has been alleged is true without admitting, then the allegation of outraging modesty appears to be ornamental nor the informant discloses that as to what threats were hurled at her.
6. Learned A.P.P. along with learned counsel for the informant opposes the bail application, but are not in a position to rebut the submission of the learned counsel for the petitioner that the petitioner and the informant are co-villagers.
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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.41820 of 2023(3) dt.08-08-2023 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Buxar in connection with Itarhi P. S. Case No.99 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T