Dhananjay Kumar @ Dhananjay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65698 of 2024 Arising Out of PS. Case No.-353 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== Dhananjay Kumar @ Dhananjay Kumar Yadav, Son of Sri Wakil Roy, R/O Vill.- Parauli Bali Tola, Basantpur Lakri Nabiganj O.P., Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sandesh Roy, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-01-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Basantpur (L.N.G.) P.S. Case No. 353 of 2024, registered for the offences punishable under Sections 341, 323, 354, 504, 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioner is of teasing the informant's daughter and trying to make sexual relation with her apart from blackmailing.
4. Learned counsel appearing on behalf of the petitioner drawing the attention of this Court to the FIR contended that in fact, the petitioner had good relationship with the daughter of the informant and later on on account of some dispute and in order to save their skin from the accusation
Patna High Court CR. MISC. No.65698 of 2024(3) dt.18-01-2025 2/3 levelled in the FIR being Basantpur (L.N.G.) P.S. Case No. 347 of 2024 registered on 07.06.2024, the present case has been initiated. It is further alleged that in fact, it is the informant and her family members, who have assaulted the father of the petitioner due to which he sustained fracture injury. The alleged occurrence took place on 03.06.2024, but the present FIR has been instituted on 10.06.2024 by making deliberation with concocted allegation. The mobile number which has been mentioned in the FIR does not belong to the petitioner. Moreover, the petitioner bears fair antecedent and he undertakes before this Court that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned counsel for the State vehemently opposed the bail application and submits that serious allegation has been levelled against the petitioner of teasing and misbehaving with the daughter of the informant.
6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR, coupled with the factum of case and counter case and the fair antecedent of the petitioner, let the petitioner above named be released on bail in the event of his arrest or surrender before the court below within a period of four weeks from the date of
Patna High Court CR. MISC. No.65698 of 2024(3) dt.18-01-2025 3/3 receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Siwan, in connection with Basantpur (L.N.G.) P.S. Case No. 353 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the following conditions:
(i) one of the bailors shall be the own/close family members of the petitioner;
(ii) if the petitioner shall be found indulged in such type of activities in future, the daughter of the informant shall be at liberty to file an application before the learned Jurisdictional Court for appropriate action.
(Harish Kumar, J.) Jyoti Kumari/- U T