Gopal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53234 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Gopal Pandit S/O Late Ram Swaroop Pandit R/O Village- Bhaluakol, P.SHaveli Kharagpur, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sevak Choudhary For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 448, 354(B), 323 and 337 of the Indian Penal Code.

3. As per the prosecution case, the petitioner entered into the house of the informant, in inebriated condition with a pistol in his hand, and abused her and torn her blouse and saree and started molesting her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that informant is cousin sister-in-law of the petitioner and due to

Patna High Court CR. MISC. No.53234 of 2023(4) dt.27-02-2024 2/2 family dispute as well as land dispute earlier the father of the petitioner was killed by the informant and her family members. He further submits that the trial is going on in which witnesses are examined by the Trial Court, due to this reason and only with intention to pressurize the petitioner for not giving witness in the trial, the present case has been lodged. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the nature of the offence, 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 Haveli Kharagpur P.S. Case No. 30 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T