Sunil Roy @ Sunil Nath Roy @ Rajendra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57161 of 2023 Arising Out of PS. Case No.-35 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== Sunil Roy @ Sunil Nath Roy @ Rajendra Roy S/O Late Hiralal Roy Resident Of Village- Koilakh, Ps- Rajnagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 504, 323, 354, 379, 506 / 34 of the Indian Penal Code and the cognizance has been taken under Section 341, 504, 323, 354, 506 / 34 of the Indian Penal Code.

3. As per the FIR the allegation against the petitioner is that he always used to abuse the informant after drinking alcohol and when the informant stopped him, the petitioner tried to outrage the modesty of the informant and other co-accused also assaulted the informant.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case and the petitioner has no criminal

Patna High Court CR. MISC. No.57161 of 2023(2) dt.11-10-2023 2/2 antecedent as mentioned in para - 3 of the bail application. He further submits that occurrence took place on 28.01.2020 but FIR was lodged on 05.02.2020 after delay of 8 days and there is no any explanation for the delay in filing the present FIR which creates a serious doubt. The nature of injury upon the informant is simple in nature and no injury was found on father-in-law of the informant. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Rajnagar P.S. Case No. 35 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

saurabhkr/- (Anjani Kumar Sharan, J) U T