Bibhash Das @ Vibhash Chandra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62840 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== BIBHASH DAS @ VIBHASH CHANDRA DAS Son of Late Adhik Das Resident of Village- Mohanpur, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Shambhuganj PS case no. 158 of 2021 instituted for the offences punishable under Section 354(B) and other allied sections of Indian Penal Code.

The allegation is regarding the petitioner having tried to outrage the modesty of the daughter of the informant, however, the informant had arrived at the place of occurrence to rescue her daughter, whereafter the petitioner is stated to have assaulted both the informant and her daughter. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.62840 of 2021(2) dt.04-04-2022 2/3 implicated in the present case, is having a clean antecedent and is languishing in custody since 23.07.2021. The learned counsel for the petitioner has further submitted that the F.I.R. has been filed belatedly, inasmuch the incident took place on 30.06.2021, however the F.I.R. has been lodged on 08.07.2021. It is also submitted that the petitioner is languishing in custody since about 08 months, hence has already been suitably punished.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that there is a delay of about 07 days in lodging of the F.I.R., the petitioner is having a clean antecedent and is languishing in custody since about 08 months apart from the fact that no allegation has been levelled regarding the petitioner having actually outraged the modesty of the daughter of the informant, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed

Patna High Court CR. MISC. No.62840 of 2021(2) dt.04-04-2022 3/3 to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Banka in connection with Shambhuganj PS case no. 158 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T