Yodha Bin @ Ramyodha Bin @ Ramyodha Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60735 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- THAKRAHA District- West Champaran ====================================================== Yodha Bin @ Ramyodha Bin @ Ramyodha Mukhiya S/O Shankar Bin R/O Village- Moti Tola, P.S.- Thakaraha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Thakaraha P.S. Case No. 81 of 2019, registered under Sections 341, 323, 354B, 509, 448, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner, as per FIR, is that the petitioner entered into the house of the informant and tried to outrage her modesty.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case at the behest of accused persons of Thakaraha P.S. Case No. 80 of 2019 inasmuch as the petitioner had lodged Thakraha P.S. Case No. 80 of 2019 against the co-villagers who assaulted and threatened the petitioner and also demanded extortion amount from him on the basis of fact that son of the petitioner has allotted PDS shop

Patna High Court CR. MISC. No.60735 of 2019(2) dt.24-09-2019 2/2 and dealership license. He further submits that the informant has been set up by the accused persons of Thakaraha P.S. Case No. 80 of 2019.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner had lodged Thakaraha P.S. Case No. 80 of 2019 and immediately thereafter the present FIR has been lodged against the petitioner at the behest of the accused persons of Thakaraha P.S. Case No.80, I am inclined to grant anticipatory bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with Thakaraha P.S. Case No. 81 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T