Santosh Kumar Sah @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62965 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- BARHARIA District- Siwan ====================================================== SANTOSH KUMAR SAH @ SANTOSH SAH S/o Late Ramayan Sah R/vBarhariya (West), P.S.- Barhariya, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar Choudhary For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 354, 341, 323, 504 & 379/34 of the Indian Penal Code. The allegation against the petitioner is that he entered into the house of the informant and forcibly teased her and on protest he assaulted her by means of fists and slaps, tore her blouse and pushed her on the ground.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The present case has been filed by the informant as a counter blast of Barhariya P.S. Case No.310 of 2021 lodged by the petitioner's brother to

Patna High Court CR. MISC. No.62965 of 2022(3) dt.01-05-2023 2/2 pressurize them to withdraw the aforesaid case. The petitioner and informant are agnates. The whole case relates to a civil dispute as the informant and the petitioner are cousins. It is further submitted that no injury report is on record. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, 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 Barhariya P.S. Case No. 311 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T