Upendra Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72562 of 2021 Arising Out of PS. Case No.-205 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== Upendra Tiwary Son Of Late Phulena Tiwary Resident Of Village- Raybari Mahuawa, Police Station- Choutarwa, District- West Chamaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 427, 307, 379, 448, 504, 376, 511 of the Indian Penal Code and under section 8 of the POSCO Act.

The prosecution case as per F.I.R is that the petitioner forcefully entered into the house of the informant in night and tried to ravish the minor daughter, namely Sita Kumari, of the informant and

Patna High Court CR. MISC. No.72562 of 2021(3) dt.06-09-2022 2/3 when the informant and other family members made protest they were assaulted by the petitioner and others. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case in the background of some previous land dispute. It is further submitted that for the alleged occurrence of 24.06.2021, the F.I.R has been registered on 26.06.2021. It is also submitted that at earlier point of time, the petitioner's side lodged Choutarwa P.S case No. 500 of 2020 against the informant and others, hence, as a retaliatory measure, this false case has been registered against the petitioner.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions

Patna High Court CR. MISC. No.72562 of 2021(3) dt.06-09-2022 3/3 Judge-VII-cum Special Judge POSCO, West Champaran, Bettiah in connection with Choutarwa P.S Case No. 205 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T