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Patna High CourtCR. MISC./55116/2022disposed

Neeraj Kumar @ Neeraj Kumar Bhagat v. The State Of Bihar

2022-11-30Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55116 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== 1.

NEERAJ KUMAR @ NEERAJ KUMAR BHAGAT S/o Shiv Shankar Bhagat Resident of Village- Chirauri, Ward No.04, P.S.- Chausa, DistrictMadhepura. 2.

Gautam Kumar Bhagat S/o Shiv Shankar Bhagat Resident of VillageChirauri, Ward No.04, P.S.- Chausa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP For the Informant/s :

Mr. Jitendra Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

Permission is accorded.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354(A), 379, 427, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the accused persons, including the petitioner, molested her while

Patna High Court CR. MISC. No.55116 of 2022(2) dt.30-11-2022 2/2 she tried to save her brother Bajrang Kumar from them and made her semi-naked and when Soni Devi came Shambhu Bhagat torn the register related to Aanganbari Center where the mother of the informant is Sevika, further it is alleged that the accused persons also snatched mobile phone of the brother of the informant and cash of Rs. 6,180/-.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case earlier from the side of the petitioner and FIR was instituted against the informant being Chausa P.S. Case No. 142 of 2022 dated 09.07.2022 and on account of institution of the said case the present false case came to be instituted.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is an allegation of molesting the informant who is a lady, as such, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

(Satyavrat Verma, J) Shivam/- U T