Amit Kumar @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56489 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== AMIT KUMAR @ MUNNA KUMAR Son of Manoj Sah Resident of - Kevlashi, Ward No. 11, Khawaspur, P.S.- Simraha, Distt - Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 This application, for grant of anticipatory bail, arises out of Araria (Mahila) P.S. Case No. 102 of 2018, disclosing offences under Sections 354(B)/34 of the Indian Penal Code. Allegation against the petitioner and other accused persons is that they caught hold of informant and tried to outrage her modesty.
Submission of learned counsel for the petitioner is that falsity of the case will appear from the fact that the present case has been lodged after two months and no plausible explanation has been given for the delay.
Learned counsel for the State opposed the prayer for bail and submitted that as the informant was pursuing the matter in panchayat, she could not lodge the case earlier. Having heard both sides, considering the facts and
Patna High Court CR. MISC. No.56489 of 2019(2) dt.05-09-2019 2/2 circumstances, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisinoal Judicial Magistrate, Araria, in connection with Araria (Mahila) P.S. Case No. 102 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and with further subject to the condition that petitioner will not make any threatening to the informant and will not tamper with the evidence. (Vinod Kumar Sinha, J) sunilkumar/- U T