Saroj Kumar @ Saroj Kumar Biswas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67606 of 2024 Arising Out of PS. Case No.-1224 Year-2023 Thana- ARARIA District- Araria ====================================================== Saroj Kumar @ Saroj Kumar Biswas Son of Ramanand Biswas villageDeoria, Ward No. 05, Paik Tola Araria, PS- Araria, District -Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish For the Opposite Party/s :
Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Araria Police Station Case No. 1224 of 2023, disclosing offences under Sections 452, 354, 354(A)(D), 323, 385, 506, 34 of the Indian Penal Code.
3. As per the First Information Report, on 15.12.2023, while the informant's family members had gone to attend the wedding ceremony, petitioner entered into the courtyard of the informant and when the informant opened the door, he came inside her room and tried to outrage her modesty. Subsequently, on the next date, in the morning, the petitioner's father and other two accused persons again came to the house of the informant and started abusing her and upon objection, they started
Patna High Court CR. MISC. No.67606 of 2024(2) dt.23-10-2024 2/3 assaulting and also demanded Rs. 5 lacs and threatened the informant's side of life.
4. Mr. Kumar Ravish, learned Counsel appearing for the petitioner submits that both the parties are close door neighbors and there was a previous dispute between them. The petitioner is of tender age of 18 years and on the date of incident, his age was eighteen years as per Aadhar Card annexed at Annexure 2. The side of the petitioner has also lodged a counter case, bearing Araria P.S. Case No. 1240 of 2023, under Sections 341, 447, 323, 324, 325, 379, 354-B, 504, 506, 34 of the Indian Penal Code. There is substantial delay in lodging the FIR inasmuch as the occurrence took place on 15.12.2023 but the FIR has been lodged on 24.12.2023.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbors, there is a case and counter case and the petitioner is very young aged about eighteen years on the date of occurrence, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.67606 of 2024(2) dt.23-10-2024 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria Police Station Case No. 1224 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T