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Patna High CourtCR. MISC./47640/2023bail granted

Sumit Kumar v. The State Of Bihar

2023-08-11Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47640 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Sumit Kumar, aged about 20 years, Male, Son of Manoj Singh R/OKutikataiya, P.S.-Lauriya, Distt.-West Champaran (Bettiah) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Lauriya P.S. Case No. 78 of 2023 dated 03.04.2023, instituted for the offence punishable under Sections 341, 323, 354(D), 501, 504, 506 & 509 of the Indian Penal Code.

3. The allegation against the petitioner is that he used to vulgar talk with the informant and when she scolded him for doing this, the petitioner distributed her Mobile No. amongst his friends to malign her prestige. On 30.03.2023, the informant's parents went to the house of the accused, Sumit Kumar and complained about the matter to the named accused persons but they abused the informant's parents and threatened to kidnap the informant and marry with the petitioner. Thereafter, the

Patna High Court CR. MISC. No.47640 of 2023(2) dt.11-08-2023 2/3 informant lodged an F.I.R. against the petitioner and other accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the said instant F.I.R. has been lodged after a lapse of four days without any explanation. Learned counsel further submitted that the petitioner and the informant are close relatives to each other. It is further submitted that there is no mentioning about the Mobile No. on which the petitioner used to call her. Petitioner is a young boy of 20 years age. It is further submitted that the informant is the Nanad of the sister of the petitioner. Lastly, it has been submitted that he has clean antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Lauriya P.S. Case No. 78 of 2023, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.47640 of 2023(2) dt.11-08-2023 3/3 A.C.J.M.-1st West Champaran, Bettiah, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Annpurna/- U T