Kishan Sardar @ Kisan Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64507 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Kishan Sardar @ Kisan Sardar Son of Late Fagu Sardar Resident of Village - Lokha, Ward No.3, Presently residing at - Kodhlihat, P.S. - Bhaptiyahi, District - Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Babita Devi wife of Sukrati Sardar Resident of village Lokha, Ward no. 3, presently residing at Village Kodhlihat, P.S. Bhaptiyahi, Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Mishra, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 354B, 368, 380, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that this petitioner entered into the house of the informant who is a widow and handicapped lady and tried to outrage her modesty and thereafter, this petitioner, along with other accused persons, took away minor son of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case with ulterior motive.
Patna High Court CR. MISC. No.64507 of 2024(3) dt.22-01-2025 2/2
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he forcibly entered into house of the informant and tried to outrage her modest. It is further submitted that this petitioner, along with other coaccused persons named in the F.I.R., also took away minor son of informant and the aforesaid fact has also been supported by son of informant in his statement recorded under Section 164 of the Cr.P.C..
6. Considering the aforesaid facts and circumstances, nature of accusation and statement recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T