Anant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67449 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Anant Singh, Son of Srikailash Singh, Resident of Village- Baikatpur, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 376, 711 and 307/34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was at her room, the accused person having entered in the room ill-treated her and threatened to withdrawn the case. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Prior to the institution of the present case, a criminal case was instituted by the informant vide Annexure-2 to the present application where she had made specific

Patna High Court Cr.Misc. No.67449 of 2018(2) dt.22-11-2018 2/3 allegation against co-accused namely Vikas Kumar where she has alleged that she was sexually abused by the said accused for last three years. No step was taken by her against the co-accused Vikas Kumar and only after a period of three years, the informant decided to institute a case against Vikas Kumar. In the present case also, the informant has made an allegation against the co-accused Vikas Kumar. No allegation of assault or sexual abuse is alleged against the petitioner. It is further submitted on behalf of the petitioner that the informant has already left her husband. She is a mother of a child and is in habit of instituting such cases. She is of questionable character. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Counsel for the informant has vehemently opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Praya Shekhar, J.M. 1st Class, Patna in connection with G.R. Case No.

Patna High Court Cr.Misc. No.67449 of 2018(2) dt.22-11-2018 3/3 2703/2018 arising out of Mahila P.S. Case No. 47/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U