Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.730 of 2022 Arising Out of PS. Case No.-554 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== AMIT YADAV Son of Janardhan Yadav Resident of Village- Dogachi, P.S.- Nath Nagar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 354(B), 504, 308, 506 of the Indian Penal Code.

The allegation against the petitioner is that he forcibly tried to outrage the modesty of the informant but somehow, she fled away from the spot.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.730 of 2022(2) dt.12-07-2022 2/2 has been falsely implicated in this case due to prior enmity. No such occurrence, in the manner as alleged, has ever taken place. The prosecution case is itself doubtful as the alleged occurrence is said to have taken place on 04.10.2021 but the F.I.R. has been lodged on 09.10.2021 i.e. after a delay of five days without giving any plausible explanation. Petitioner and the informant are the close agnates and there is a land dispute between them. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the delay in lodging the F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nath Nagar P.S. Case No.554 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T