Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67973 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== CHHOTU KUMAR Son of Shiv Jee Sah R/o Mohalla - Mirchai Tola, P.S. - Bhagwan Bazar, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Bhagwan Bazar P.S. Case No. 262 of 2023 registered for the offences punishable under Sections 341, 342, 323, 324, 504 & 376/511 of the Indian Penal Code.

3. The petitioner along with other co-accused is said to have entered into the house of the informant and tried to commit rape against her daughter. When the informant and her son rushed in her rescue they assaulted them.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to enmity and dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted

Patna High Court CR. MISC. No.67973 of 2023(3) dt.25-01-2024 2/2 that the charges made against the petitioner are false. There is case and counter case between the parties. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case. Hence, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case as well as the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T