Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54010 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

BITTU KUMAR SON OF SRI BHOBHA YADAV @SRI SUBODH YADAV RESIDENT OF VILLAGE- BAIDPUR, POLICE STATIONSHAMBHUGANJ, DISTRICT- BANKA 2.

PITTU KUMAR @ PINTU KUMAR SON OF GAJIN YADAV @ SRI GAJENDRA YADAV RESIDENT OF VILLAGE- BAIDPUR, POLICE STATION- SHAMBHUGANJ, DISTRICT- BANKA 3.

NIRDOSH YADAV @ NIDOSH KUMAR @ SONU KUMAR SON OF SRI MANOJ YADAV @ SRI MANOJ KUMAR YADAV RESIDENT OF VILLAGE- BAIDPUR, POLICE STATION- SHAMBHUGANJ, DISTRICT- BANKA 4.

NILESH YADAV @ NILESH KUMAR SON OF SRI BINOD YADAV RESIDENT OF VILLAGE- BAIDPUR, POLICE STATIONSHAMBHUGANJ, DISTRICT- BANKA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 ,

Patna High Court CR. MISC. No.54010 of 2023(2) dt.22-08-2023 2/3 354-B, 504, 506/34 of the Indian Penal Code.

3. Allegation against these petitioners is that they along with other co-accused persons cause hurt to the minor daughter of the informant and also tried to outrage her modesty .

4. It is submitted on behalf of the petitioners that both parties are villagers and due to previous enmity and village politics, these petitioners have falsely been implicated in this false and concocted case. No specific allegation is alleged against these petitioners. There is 5 days delay in lodging the F.I.R. for which there is no plausible explanation , which itself creates doubt over the veracity of the entire prosecution case . Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Banka/Court concerned, Banka in connection with Shambhuganj P.S. Case No. 87 of

Patna High Court CR. MISC. No.54010 of 2023(2) dt.22-08-2023 3/3 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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