Aditya Kumar @ Aaditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74665 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Aditya Kumar @ Aaditya Kumar S/O Punit Paswan R/O Village- Simra Khurd, P.S- Bhagwanpur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Smita Kumari For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 155 of 2024 dated 08.06.2024 registered under Sections 376 / 511 / 34 of the I.P.C.

3. As per the first information report on 05.06.2024 while the informant was sleeping, the accused persons made her partially nude. When she woke up from her stupor, they fled away from the room. While fleeing away they have been recognized by her brother- in- law / Rajiv Ranjan and her son - Piyush Kumar.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated due to family dispute. Both the parties are agnates and are residing side by side and there was dispute regarding payment of installment of tractor which was taken on loan by the informant's husband and re-payment to the

Patna High Court CR. MISC. No.74665 of 2024(2) dt.14-11-2024 2/2 Bank was made by the petitioner. When petitioner demanded his money back, he has falsely been implicated in the present case. The petitioner is the cousin brother-in -law of the informant. There is delay in lodging the F.I.R. as the occurrence has allegedly taken place on 05.06.2024 but the F.I.R. has been lodged on 08.06.2024 after three days.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that both the parties are agnates and the petitioner is said to be the cousin brother-in-law of the informant, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 155 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. praful/- (Anil Kumar Sinha, J) U T