Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40534 of 2020 Arising Out of PS. Case No.-239 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Rohit Kumar S/o- Kameshar Mochi Resident of Village - Parsa, P.S.- Naubatpur, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 26.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Naubatpur P.S. Case no. 239 of 2020, registered under Sections 341, 323, 354(C), 509 and 505/34 of the Indian Penal Code.

The accusation is that on 06.05.2020, at about 11.00 P.M., Rohit Kumar came at the roof of house of informant, where daughter of informant was sleeping, and tried to outrage her modesty. On raising alarm, the informant and his other family members woke up and saw the petitioner fleeing

Patna High Court CR. MISC. No.40534 of 2020(2) dt.24-07-2021 2/2 from there. Thereafter, complaint was made to the parents of the petitioner then they started to abuse and they were adamant to cause assault.

Learned counsel for the petitioner submits that the occurrence is said to be committed on 06.05.2020, but the F.I.R. has been lodged after six days of the occurrence on 12.05.2020. Further submission is that, in fact, due to dirty village politics, the informant lodged the present case with false allegation only to harass the petitioner and his family members. The petitioner has no criminal antecedent. 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeI, Patna in connection with Naubatpur P.S. Case No. 239 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T