Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70203 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- PARWALPUR District- Nalanda ====================================================== SHANKAR KUMAR son of Brahmdev Prasad Village- Pillich Ps- Parbalpur Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Santan Devi wife of Pradyuman Prasad R/o- Pilich Ps- Parwalpur DistNalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dayanand Singh For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 354, 452, 504 and 506 of the Indian Penal Code and Section 37(1) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is of assaulting and outraging the modesty to the informant in intoxicating condition.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has never made any
Patna High Court CR. MISC. No.70203 of 2023(2) dt.03-11-2023 2/2 attempt to outrage the modesty to the informant however such allegations are only levelled with malafide intention to make the offence serious in nature. There is no clinching evidence against the petitioner to connect him to the alleged occurrence. He further submitted that good sense has been prevailed between the parties. He is languishing in judicial custody since 26.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Parwalpur P.S. Case No. 119 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T