Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46812 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== KESHAV KUMAR SON OF ASHIT KUMAR R/O VILLAGE- BELVAR, P.S.- VAISHALI, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 376, 511, 504, 506 of the Indian Penal Code.

As per the allegation, the petitioner entered into the house of the informant in intoxicated position and started misbehaving with her daughter. On protest, the petitioner assaulted the son of the informant and also threatened the informant and her family members.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submits

Patna High Court CR. MISC. No.46812 of 2022(3) dt.20-02-2023 2/3 that the occurrence took place on 02.02.2022 but the FIR has been instituted on 05.06.2022 i.e. after a delay of three days, without giving any credible explanation regarding the said delay which creates a serious doubt over the prosecution story. He further submits that till date the statement of victim u/s 164 of Cr.PC has been recorded nor any medical examination of the victim has been conducted. Learned counsel for the petitioner relied upon the para-52 and 59 of the case diary in which it is mentioned that the victim has denied to appear before the learned court below for medical examination. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Vaishali (Belsar O.P.) P.S. Case No.196 of

Patna High Court CR. MISC. No.46812 of 2022(3) dt.20-02-2023 3/3 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T