Shailesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53477 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- MAHILA P.S District- West Champaran ====================================================== Shailesh Kumar S/O Mohan Manjhi R/O Village-thakur tola,P.S.-Lauriya, Distt-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra, Adv.
For the Opposite Party/s :
Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bettiah Mahila P.S. Case No. 05 of 2024 registered under Sections 376 and 511 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 31.12.2023 at about 5:30 p.m., when informant was returning home from Bettiah. In the mean time, this petitioner met her and offered a lift, upon which she agreed and sat on the motorcycle of the petitioner. It is further alleged that petitioner turned his motorcycle towards a lonely place and with intention to rape the informant, he pushed her on the ground and intimidated her that if she would resist, then the petitioner would implicate her in a
Patna High Court CR. MISC. No.53477 of 2024(3) dt.30-09-2024 2/3 case of the SC/ST Act. The petitioner uplifted the attire of informant and tried to rape her, but in hue and cry, passing by people arrived and saved informant. It is further alleged that this petitioner transferred fifty thousand on the mobile number of informant for his mistake as well as being penalty and fled away.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the First Information Report has been lodged after an inordinate delay of 24 days without any plausible explanation which itself creates a doubt over the veracity of the prosecution case. The present case is counter blast of Sathi P.S. Case No. 01 of 2024 which was instituted by the petitioner himself against informant and others.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.53477 of 2024(3) dt.30-09-2024 3/3 with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bettiah, West Champaran in connection with Bettiah Mahila P.S. Case No. 05 of 2024 (G.R. No. 302 of 2024), subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T