Karan Paswan @ Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43069 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== KARAN PASWAN @ KARAN KUMAR S/o Bhim Paswan R/o village- Dih Nizamat, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354, 457 and 380 of the Indian Penal Code.

The informant alleges that she lives with her daughter and daughter-in-law while her son and husband works in Delhi, it is next alleged that on 04.06.2022, at 12:30 am, when informant returned from a wedding she saw petitioner was trying to molest her daughter and when she tried to apprehend he fled, further when she went inside the house she saw the lock of the trunk broken and her gold ear ring, magalsootra etc., were missing along with Rs. 15,000/- cash.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43069 of 2022(2) dt.

13-12-2022 2/3 petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner and the daughter of the informant were known to each other and thus the petitioner had come to meet the daughter of the informant which was being objected by the informant and thus a false case came to be instituted, it is next submitted that from bare perusal of the allegation as alleged in the FIR it would manifest that the informant alleges that when she came home she saw the petitioner molesting her daughter but then it is not alleged that the daughter was screaming or was raising alarm as halla that in itself demonstrates that since informant was objecting the relationship of the petitioner with her daughter, as such, a false case came to be instituted.

Learned counsel also submitted that the date of occurrence is 04.06.2022 and the FIR was instituted on 11.06.2022 i.e., after a delay of 7 days that too on a lame excuse that she was waiting for panchayati. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.43069 of 2022(2) dt.13-12-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barbigha (Keoti O.P.) P.S. Case No. 246 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T