Patna High CourtCR. MISC./60660/2023allowed

Gautam Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60660 of 2023 Arising Out of PS. Case No.-600 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Gautam Kumar Son Of Bindeshwari Singh Resident Of VillageMaullanabuddichak, Ps- Parsa Bazar, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate Mr. Utpal Kant, Advoctate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Parsa Bazar P.S. Case No. 600 of 2022 instituted under Sections 341, 323, 354(B) of the Indian Penal Code.

3. As per the prosecution case, firstly, on 03.11.2022, the petitioner tried to take away the informant with him forcefully and when the villagers came then he fled away and secondly, on 05.11.2022, the petitioner came at her house and assaulted her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that due to old disputes for grazing of the cattle in the

Patna High Court CR. MISC. No.60660 of 2023(2) dt.11-10-2023 2/2 field of the petitioner, the informant has filed this case. He also submits that no case is made out under Section 354(B) of the I.P.C. and also there is inordinate delay in lodging the F.I.R. without any reason. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering 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 to each to the satisfaction of the learned J.M. 1st Class, Patna in connection with Parsa Bazar P.S. Case No. 600 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T