Manjeet Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50367 of 2022 Arising Out of PS. Case No.-369 Year-2021 Thana- DESARI District- Vaishali ====================================================== Manjeet Kumar @ Sanjeev Kumar Son Of Panna Lal Ray Resident Of Village - Nayaganj, Tola No.28, P.S.- Desari, Distt.- Vaishali And Permanent Resident Of Village - New Kishore Ganj, Road No.09, P.S.- Sukhdev Nagar, Distt.- Ranchi, State - Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 354, 509, 504 and 506 read with 34 of the Indian Penal Code. As per the prosecution case, one month ago, the petitioner and the co-accused person came to the house of the informant at 1 A.M. with the intent to rape her daughter. The informant woke up in the night and saw that the petitioner was

Patna High Court CR. MISC. No.50367 of 2022(2) dt.03-01-2023 2/3 sitting on the roof of her house armed with a pistol. On hulla, the petitioner fled away abusing the informant. On 15.09.2021, when the informant was returning to her home, the petitioner and the co-accused person along with two unknown miscreants obstructed her and the petitioner attempted to strangulate her. However, the informant escaped and the petitioner threatened that he would abduct her and her daughter within 15 days and kill them.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioner.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner by submitting that the petitioner has tried to molest the daughter of the informant. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,

Patna High Court CR. MISC. No.50367 of 2022(2) dt.03-01-2023 3/3 Vaishali at Hajipur in connection with Desari P.S. Case No. 369 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond .

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T