Bittu Kumar @ Pojan Kumar @ Pojan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58765 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Bittu Kumar @ Pojan Kumar @ Pojan Son of Late Gaya Raut Resident of Village - Nandan Bigha, P.S. - Hulasganj, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath, Adv.
For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Hulasganj P. S. Case No. 25 of 2024 dated 01-02-2024 instituted for the offence punishable under Sections 341,323, 354B, 509, 504 and 506 of the Indian Penal Code.
3. The prosecution case in short is that the informant's daughter was coming from the school and in the way, the petitioner caught her hand with bad intention and talked with her in filthy language and further told her to elope with her and tried to drag her into the house, but she cried and came at her house and narrated the incident to the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.58765 of 2024(2) dt.11-09-2024 2/3 case. It is submitted that petitioner happens to be neighbour of the victim. The scuffle alleged to have taken place in between the petitioner and the informant's family member on account of petty issue on 26-01-2024 and after six days of the alleged occurrence, the FIR has been lodged on 01-02-2024 without any plausible explanation. It is further submitted that during course of investigation, the informant's daughter filed a petition in the Court of learned Judicial Magistrate wherein, she denied the allegation as narrated in the FIR by her mother and further stated her age to be approximately above 18 years and due to personal grudge, the FIR has been lodged by her mother without her knowledge. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for anticipatory bail.
6. Having considered the facts and circumstances of the case and submissions 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 the learned CJM Jehanabad, in Hulasganj P. S. Case No. 25 of 2024, subject
Patna High Court CR. MISC. No.58765 of 2024(2) dt.11-09-2024 3/3 to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Khatim Reza, J) shyambihari/- U T