Satyendra Kumar @ Satyendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58932 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Satyendra Kumar @ Satyendra Prasad Son Of Dinanath Prasad VillageMadhuban Bazar, Ps- Bajpatti, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Bajpatti P.S. Case No. 171/2022 registered on 13.06.2022 for the offences punishable under Sections 376/511 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged by the informant stating therein that the petitioner has threatened the informant to live with her as her concubine but she did not disclose this matter to anyone. Subsequently, on 25.05.2022 at about 4.00 P.M. when the informant went to an orchard to collect wood then the said petitioner came there and on the point
Patna High Court CR. MISC. No.58932 of 2023(2) dt.20-09-2023 2/3 of a knife tried to commit rape the informant, but in the meantime, nearby villagers came there whereupon the petitioner flee away from there. The informant went to the police station to lodge a case in this connection, but the police refused to accept the application. Thereafter, the informant approached the Superintendent of Police of the district, and upon his interference, the present FIR has been lodged.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The present case has been lodged by the informant only with a view to save the skin of her son as her son is accused in Bajpatti P.S. Case No. 317 of 2021 in which the present petitioner is the informant who was injured by the son of the informant by stabling. Apart from the present case, the petitioner is accused in one other case, in which he is on bail.
5. Learned APP for the State opposes the prayer for bail.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.58932 of 2023(2) dt.20-09-2023 3/3 the learned SDJM, Pupri, Sitamarhi, in connection with Bajpatti P.S. Case No. 171/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U T