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Patna High CourtCR. MISC./68090/2024bail granted

Aanand Kumar @ Anand Yadav v. The State Of Bihar

2025-01-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68090 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Aanand Kumar @ Anand Yadav S/o Kameshwar Yadav Resident of villPahadpur, P.S -Kotwali, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366 of the Indian Penal Code.

3. According to F.I.R., on 14.04.2022 at about 5 PM, when informant had gone to purchase clothes at Dalmia Bazar, where she felt dizziness and headache so she took the auto for home. While she was in the auto, she became unconscious and when she woke up, she found herself in the loaded truck and heard the sound of this petitioner, who used to tease her and was co-employee with her at the former institute.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner and

Patna High Court CR. MISC. No.68090 of 2024(3) dt.03-01-2025 2/3 informant worked together in an institute where informant worked as a counsellor and petitioner worked as a caller. From perusal of the F.I.R., it is apparent that allegation levelled against the petitioner is vague and based on suspicion. In the statement of the victim recorded under Section 164 Cr.P.C., she has not alleged anything wrong against the petitioner with regard to outraging modesty of the informant. Petitioner is simply a victim of circumstances. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering statement of the victim recorded under Section 164 Cr.P.C. and the fact that there is no allegation of any sexual assault against petitioner and has got clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Kotwali P. S. Case No. 207 of 2022, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.68090 of 2024(3) dt.03-01-2025 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T