Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55578 of 2022 Arising Out of PS. Case No.-130 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== BANTI KUMAR Son of Kailash Kumar Das R/V- Katauna, P.S- Malaypur, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 452, 354(B), 354(C), 504, 384/34 of the Indian Penal Code.

The allegation against the petitioner is that he entered into the house of the complainant/informant and tried to outrage her modesty. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the occurrence took place on 10.02.2021 and the present complaint has been filed on 04.06.2021 i.e. after a delay of about four months, without giving any plausible explanation regarding the

Patna High Court CR. MISC. No.55578 of 2022(2) dt.02-01-2023 2/2 said delay, which creates a serious doubt on the genuineness of the prosecution story. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 court below where the case is pending/Successor Court in connection with Malaypur P.S. Case No.130 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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