← Library
Patna High CourtCR. MISC./57003/2022bail rejected

Ranjan Kumar Choudhary v. The State Of Bihar

2023-01-18Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57003 of 2022 Arising Out of PS. Case No.-279 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== Ranjan Kumar Choudhary Son of Shankar Chaudhari R/V- Ranjitganj, P.SAmjhor (Rohtas) Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-01-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Rohtas (Amjhor) P. S. Case No. 279 of 2022, registered for the offences punishable under Sections 452, 290, 354(B), 354(D) and 504 of the Indian Penal Code and 37(C) of Bihar Prohibition and Excise Act, 2016.

As per the allegation, the sole accused-petitioner in drunken condition with ill intent started disrobing the informant lady resulting into her getting half-naked and thereafter, putting her down on the ground and breast being caught by him.

Patna High Court CR. MISC. No.57003 of 2022(4) dt.18-01-2023 2/3 Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that police used to come to her home and same was protested by the villagers and as the accused-petitioner was the main person to protest, he has falsely been implicated by the informant He further submits that the petitioner has been languishing in jail since 15.07.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the alleged offence is serious in nature, involving dignity of a woman. He further submits that there is nothing on record to show that the accused-petitioner had protested the alleged visit of the police personnel to her home.

Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.57003 of 2022(4) dt.18-01-2023 3/3 particularly the nature of offence, I am not persuaded to enlarge the petitioner on bail.

The application is accordingly dismissed.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T