Prasant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40733 of 2020 Arising Out of PS. Case No.-102 Year-2020 Thana- CHANDAN District- Banka ====================================================== PRASANT KUMAR Son of Rajendra Prasad Sahu, Resident of Village - Patel Nagar ,Ward No. 17, Lakhisarai, P. S. - Lakhisarai, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. The petitioner apprehends his arrest in connection with Chandan (Anandpur) P.S. Case No. 102 of 2020 registered for the offence punishable under sections 354, 504, 506/34 of the Indian Penal Code.

Nitu Das is the informant. She levelled allegation against the co-accused Sharwan Patel that he has developed friendship with her through facebook. Thereafter, he asked her for physical relation and on denial, he threatened her to make viral the photographs of the informant. The allegation against the petitioner is that he also assisted Sharwan Patel in the alleged occurrence.

Patna High Court CR. MISC. No.40733 of 2020(3) dt.13-12-2021 2/2 The learned counsel for the petitioner has submitted that the FIR has been lodged after seven months of the occurrence which is explicit from the FIR. He has further submitted that the main allegation is against Sharwan Patel. The present petitioner has no role in the alleged occurrence.

The learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the fact that the main allegation is against co-accused Sharwan Patel and not against the present petitioner, let the petitioner above named, in the event of his arrest or surrender, within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No. 102 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T