Bhola Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56178 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== BHOLA PRASAD Son of Ramjinak Prasad @ Ramjinish Prasad @ Ramjinis Mahato R/o vill - Bagahi Koairi Tola, P.S. - Bairiya, Distt. - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Surendra Prasad Singh Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 354, 504, 506, 34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per the prosecution case, on 08.07.2023, while the informant was watering the newly constructed house, this petitioner came there and tried to outrage her modesty. It is further alleged that after some time, all the F.I.R. named accused persons including this petitioner came, armed with weapons, attacked the family members of informant, on account of which, informant, her sister, her grand parents and her mother received some injuries.
Patna High Court CR. MISC. No.56178 of 2023(3) dt.19-09-2023 2/2
4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. As a matter of fact, petitioner had purchased a piece of land from father of informant on 22.12.2022 and there was some conflict between the parties and due to that reason, this false and concocted has been lodged. There is case and counter case. Though, there is allegation of assault by farsa, lathi etc., but there is no injury report on the record.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Additional District and Sessions Judge VII-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 207 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T