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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51877 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== SANJAY BHAGAT @ SANJAY KUMAR BHAGAT Son of Rameshwar Bhagat Resident of Village - Madhopur, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2019 The petitioner apprehends his arrest in connection with Motipur P. S. Case No. 267 of 2019 registered under Sections 323, 341, 354B, 379 and 504/34 of the Indian Penal Code. Allegation against the petitioner is that on the date of occurrence i.e., on 22.05.2019, the petitioner entered into the house of the informant and tried to outrage her modesty by tearing her cloths and when informant went to make a complain before co-accused Rameshwar Bhagat and Mahendra Bhagat, they abused her and also assaulted with piece of bamboo. Learned counsel appearing on behalf of the petitioner submits that petitioner is Dewar and co-accused Rameshwar Bhagat and Mahendra Bhagat is father-in-law and brother of husband of the informant. Learned counsel submits that petitioner has falsely been implicated in the case lodged after a

Patna High Court CR. MISC. No.51877 of 2019(2) dt.20-08-2019 2/2 lapse of about 25 days inasmuch as the occurrence had allegedly taken place on 12.05.2019 but the present FIR has been lodged on 07.06.2019.

After having heard learned counsel for the parties and taking into consideration the fact that both parties are related and FIR has been lodged after a considerable delay, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned SDJM, West Muzaffarpur in connection with Motipur P.S.Case No. 267 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T