Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66296 of 2022 Arising Out of PS. Case No.-178 Year-2020 Thana- RAMPUR District- Gaya ====================================================== SHARWAN KUMAR S/O Krishna Yadav R/O Village- Nima, P.S- Moffasil, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 342, 323, 307, 379, 389, 504, 147, 149 of the IPC.

Allegedly, the petitioner and other accused persons caught the informant and forcibly took him in a room of Hospital and brutally assaulted him on the pretext that he has committed rape upon a maid of the hospital.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not

Patna High Court CR. MISC. No.66296 of 2022(5) dt.21-03-2023 2/2 specific rather general and omnibus in nature. By way of filing a supplementary affidavit, it is stated that one of the female staff of the said hospital filed a case u/s 376 of the IPC against the informant of this and charge sheet was submitted against the informant. Thereafter, this false case has been instituted by the informant against the petitioner and others to retaliate. 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, 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 Rampur P.S. Case No.178/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T