Sudheer Kumar Yadav @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66193 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- RAJPUR District- Rohtas ====================================================== Sudheer Kumar Yadav @ Sudhir Kumar Son Of Lohi Singh Village Kapasiyan Po And Ps Rajpur, Dist- Rohtas ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Rajpur P.S. Case No. 113 of 2023 dated 23.06.2023, instituted for the offence punishable under Sections 341, 323, 279, 354, 379, 504, 506 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner pushed the informant from behind by the motorcycle due to which she fell down and the documents which she was carrying also fell down.. Thereafter, she tried to lift the documents then the petitioner had taken those documents and outraged her modesty by using obscene abusive language. On alarm, he fled away by threatening her that he will kidnap and rape her on the next date. It is further alleged that the petitioner took the golden
Patna High Court CR. MISC. No.66193 of 2023(2) dt.08-11-2023 2/3 chain of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both the informant and the petitioner are resident of same village. It is further submitted that during the investigation no positive and cogent material has come on record to show the involvement of petitioner in the instant alleged occurrence. It is further stated that the petitioner is a student and false and concocted allegation has been levelled against him to spoil his golden career. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rajpur P.S. Case No. 113 of 2023, he shall be released on anticipatory bail 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- 1st,, Bikramganj (Rohtas) subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.66193 of 2023(2) dt.08-11-2023 3/3 Cr.P.C.
(Khatim Reza, J) Sankalp/- U T