Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67135 of 2024 Arising Out of PS. Case No.-580 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Raja Kumar Son of Ratan Sahni Resident of Village- Chandrahatti, P.S.- Kurhani, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Kudhani (Kudani) PS case no. 580 of 2022, disclosing offences punishable under Section 376 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the allegation made in the Complaint-cum-First Information Report, is that on 29.06.2022, in the night at about 11 O'clock, petitioner along with co-accused Sujit Sahni entered into the room of the complainant's daughter-in-law, armed with pistol and knife and attempted to commit rape upon her. It has further been alleged that they were confined in a room by the complainant but in the meanwhile, other accused persons came to the house of the

Patna High Court CR. MISC. No.67135 of 2024(2) dt.22-10-2024 2/3 complainant and rescued petitioners no. 1 and 2 and assaulted the complainant and her family members.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous dispute regarding drainage between families of the petitioner and complainant, as they are next door neighbour. Learned counsel further submits that a complaint was earlier filed by the mother of the petitioner against complainant-cuminformant and other family members on 13.09.2021 and in retaliation of the same, the present complaint, based upon concocted story, has been filed against the petitioner and others. He also submits that there is inordinate delay in lodging the complainant, inasmuch as from the complaint petition itself, it would be evident that occurrence has taken place on 29.06.2022 but complaint has been filed on 10.08.2022, which was later on converted into F.I.R. under Section 156(3) Cr.P.C. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation, the delay caused in lodging the complaint and the fact that both parties are close door neighbours having previous dispute between them, I am inclined to grant the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.67135 of 2024(2) dt.22-10-2024 3/3 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, West, Muzaffarpur in connection with Kudhani (Kudani) PS case no. 580 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T