Shashi Yadav @ Shashi Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41621 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== SHASHI YADAV @ SHASHI KANT SINGH S/o Shambhu Yadav @ Shyam Nandan Singh R/o village- Haibatpur, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khusrupur Police Station Case No. 06 of 2019, disclosing offences under Sections 341/323/504/506/354/354A/379 of the Indian Penal Code.

The allegation against the petitioner is that while the informant was going to attend the call of nature. She was intercepted by the petitioner in order to outrage her modesty. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case with oblique motive inasmuch as the petitioner has lodged a complaint before the Sarpanch of Gram Panchayat Haibatpur on 05.01.2019, regarding theft of grains by the husband of the

Patna High Court CR. MISC. No.41621 of 2019(2) dt.05-07-2019 2/3 informant from his khalihan. He further submits that after the complaint was lodged, the informant, in retaliation, lodged the belated First Information Report before the police inasmuch as the First Information Report has been lodged on 08.01.2019 relating to the incident of 04.01.2019, i.e. after a delay of four days.

After having heard learned Counsel for the parties and taking into consideration the fact that the First Information Report has been lodged by the informant after four days of the alleged occurrence and that too, after a complaint was filed by the petitioner before the Sarpanch against the husband of the informant, this application is allowed.

Let the petitioner, Shashi Yadav @ Shashi Kant Singh, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Patna City, Patna, in connection with Khusrupur Police Station Case No. 06 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.41621 of 2019(2) dt.05-07-2019 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √