Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61147 of 2021 Arising Out of PS. Case No.-246 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== DURGESH KUMAR Son of Sujeet Kumar Mishar Resident of VillageBhagwanpur Kamla, P.S.- Ujiyarpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zeyaul Hoda For the Opposite Party/s :

Mr. Kanhaiya Kishore (App. 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 379, 504 and 506/34 of the Indian Penal Code. The allegation against the petitioner is of trying to molest the victim girl on the basis of the objectionable video taken by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.61147 of 2021(3) dt.13-01-2022 2/2 further submits that the victim was used to going coaching and running in the field with the petitioner.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

From perusal of the case diary, it appears that the witnesses in para nos. 4, 6,7, 12 and 13 have supported the prosecution case. The victim is important witness of this case but from perusal of the case diary, it appears that the Investigating Officer has not recorded the statement of the victim, as such, it is a fit case for grant of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. Case No. 246 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T