Rohit Kumar @ Rishu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 43143 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== ROHIT KUMAR @ RISHU S/o Jainendra Mistri @ Jailendra Mistri R/o village- Sheikhali, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner are directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 354, 379 and 34 of the IPC. Allegedly, the accused persons named in F.I.R. including the petitioner surrounded informant's daughter. Petitioner started to pull one of the daughters of the informant towards field. On that another daughter made halla due to which some persons came there and caught the petitioner. It is submitted by learned counsel for the petitioners that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No. 43143 of 2022(2) dt.29-11-2022 2/2 the manner as alleged, has ever taken place. It is further submitted that true fact is that informant and his sons tried to rape petitioner's wife and when the petitioner tried to rescue her wife then all the accused persons assaulted the petitioner brutally by means of Khanti, lathi etc. After that occurrence, the wife of the petitioner has lodged FIR against the informant's side. To save their skin from this case, informant has lodged a false case against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Islampur P.S. Case No. 04 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T