Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55603 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- PUNPUN District- Patna ====================================================== ROUSHAN KUMAR S/O LATE LAL BAHADUR MANJHI R/O RAMPUR, P.S- PUNPUN, DISTT.- PATNA, BIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Varsha Rani, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 354(a) and 354(b) of the Indian Penal Code.

3. The prosecution story in brief is that on 27.07. 2023 at 12:30 PM, the informant was sleeping in her house then the accused entered into the house and applied criminal force on her and molested her. When she tried to make noise then the accused shut her mouth and assaulted her by slap and belt. Consequently she got unconscious thereafter, she made hue and cry upon which her neighbor came and took her to a hospital. Hence the FIR.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.55603 of 2024(3) dt.01-10-2024 2/2 the petitioner has falsely been implicated in connection with the present case as the FIR has been lodged after delay of five days. It is further submitted that there is no medical prescription and injury report of the informant on record to corroborate the allegation as alleged in the FIR. Petitioner has no criminal antecedent.

5.

Considering the aforesaid facts and circumstances of the case and also the fact that the delay in lodging the FIR, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi in connection with Punpun P.S. Case No. 237 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Jagdish/- U T