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Patna High CourtCR. MISC./54887/2024bail granted

Ritikesh @ Bullet Singh @ Rishikesh v. The State Of Bihar

2024-08-31Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54887 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Ritikesh @ Bullet Singh @ Rishikesh, Son of Madan Singh, residents of Village- Mahuawa, Ps- Pipra, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 95 of 2024, registered for the alleged offences under Sections 341, 323, 324, 332, 353, 354(B), 307, 504, 509/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other coaccused persons, in order to grab the land of the informant, who is Sarpanch of Gram Panchayat, tried to outrage her modesty and also tried to strangulate the informant and assaulted the husband of the informant.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.54887 of 2024(2) dt.31-08-2024 2/3 case. The parties are next door neighbours and there is ongoing land dispute between them. The informant being Sarpanch has tried to falsely implicate the petitioner. On the facts of the FIR, it is clear that no offence under Section 307 IPC is made out against the petitioner and allegation of outraging the modesty is false and ornamental. Earlier also, the informant has lodged Pipra P.S. Case No. 140/2022 against this petitioner in which the petitioner is on police bail.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the apparently not so serious nature of allegation and further considering the background of land dispute and possibility of false implication, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, Motihari, East Champran, in connection with Pipra P.S. Case No. 95 of 2024, subject to the conditions mentioned in Section 438(2) of the

Patna High Court CR. MISC. No.54887 of 2024(2) dt.31-08-2024 3/3 Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T