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Patna High CourtCR. MISC./62084/2024allowed

Adarsh Kumar v. The State Of Bihar

2024-08-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62084 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Adarsh Kumar S/o- Dinesh Kumar Sharma @ Dinesh Thakur VillageHarahiya P.S.- Siwaipatti Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Siwaipatti P.S. Case No. 29 of 2024, instituted under Sections 341, 323, 376/ 511, 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was returning home on motorcycle after her examination, the accused persons including the petitioner assaulted the motorcycle rider and tried to outrage the modesty of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Petitioner has one criminal antecedent which belongs

Patna High Court CR. MISC. No.62084 of 2024(2) dt.30-08-2024 2/2 to the Excise Act in which he has been acquitted. Similarly situated co-accused, namely, Bhola Kumar, has already been granted anticipatory bail by this Court vide order dated 03.07.2024 passed in Cr. Misc. No. 41331 of 2024. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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, East Muzaffarpur in connection with Siwaipatti P.S. Case No. 29 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T