Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61364 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- ITARHI District- Buxar ====================================================== 1.

PRAKASH KUMAR, aged about 20 years, Male, Son of Ashok Kharwar, Resident of Village - Lohandi, P.S.- Itarhi, District- Buxar 2.

Prince Kumar @ Niku, aged about 19 years, Male, Son of Ram Singh Kharwar, Resident of Village - Lohandi, P.S.- Itarhi, District- Buxar ... Petitioners

Versus

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

For the Petitioners :

Mr. Ajit Kumar, Adv.

For the Opposite Party :

Mr. Uma Shankar Prasad Singh, aPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Itarhi P.S. Case No. 191 of 2019 for the offences alleged under Sections 341, 323, 354(a), 307 and 34 of the Indian Penal Code. The accusation is that petitioners, Prakash Kumar and Prince Kumar @ Niku, neighbours of the informant, Neha Kumari, came at her house and seeing her alone started to outrage her modesty. On raising alarm by the informant, villagers rushed, then, the petitioners fled away from the place of occurrence.

The submission of the learned counsel for the petitioners is that the petitioners are co-villagers and the house

Patna High Court CR. MISC. No.61364 of 2019(2) dt.14-10-2019 2/2 of the petitioners is situated adjacent to the house of the informant and due to dirty village politics they have been falsely implicated in this case by the informant at the instance of her family members. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Itarhi P.S. Case No. 191 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Buxar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T