Sagar Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45002 of 2022 Arising Out of PS. Case No.-1267 Year-2021 Thana- COMPLAINT CASE District- Banka ====================================================== Sagar Harijan Son of Jagdish Harijan R/o village- Pattsori, P.S- Rajoun, DistBanka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Veena Devi W/o Rabin Harijan R/o Village- Pattsori, P.S- Rajun, DistBanka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 1267 of 2021 instituted for the offence under Sections 376, 511 of the Indian Penal Code. As per allegation in the FIR, it is alleged that when the complainant reached near Jitia Bandh, the accused-petitioner threw the complainant to the ground and tried to outrage her modesty. It is further alleged that when the complainant raised alarm, the petitioner fled away from the place of occurrence. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.45002 of 2022(2) dt.13-12-2022 2/2 has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Both parties are next door neighbour and there are land dispute between them. Learned Magistrate has took cognizance under Section 354 and 506 IPC.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 1267 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-II, Class Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T