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Patna High CourtCR. MISC./61751/2021bail granted

Dhirendra Kumar v. The State Of Bihar

2022-06-08Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61751 of 2021 Arising Out of PS. Case No.-198 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== DHIRENDRA KUMAR Son of Surendra Chauhan @ Surendra Prasad Resident of Village - Lohara, P.S.- Mufassil, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s:

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-06-2022 Heard for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with Nawada (Mufassil) P.S. Case No. 198/2021, registered for the offence under Section 354 of the Indian Penal Code.

The main allegation is that on the alleged day and time of occurrence the informant went to attend call of nature then the petitioner caught her and brought her beside a

Patna High Court CR. MISC. No.61751 of 2021(2) dt.08-06-2022 2/3 ditch when she cried, the petitioner fled away. The main submissions advanced by learned counsel for the petitioner are that there is no criminal antecedent against the petitioner, present case was lodged after long delay, in fact at the time of alleged occurrence a dispute between the petitioner and the informant with regard to harvesting of Peanut crops due to which the present case was lodged with mala fide intention and in the F.I.R. the informant herself revealed that she did not identify this petitioner at the time of commission of the alleged occurrence. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.

In view of above submissions and considering the facts and circumstances of this case and petitioner's clean antecedent mentioned at Paragraph No. 3 of bail petition, let the above named petitioner, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Mufassil) P.S. Case No.

Patna High Court CR. MISC. No.61751 of 2021(2) dt.08-06-2022 3/3 198/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shailendra Singh, J) kamlesh/- U T