Bhim Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66554 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== BHIM KUMAR Son of Gopal Singh Resident of Village - Tiyara, P.S.- Rajpur in the district of Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 342, 354(B) of the Indian Penal Code pending in the learned court below. As per the FIR, after natural call the informant opened the door then accused Bhim Kumar pushed her in and closed the door and tried to tease her, when started crying then he closed her mouth by pushing cloth in her mouth then she pushed the door by her feet resulting he fled from there by giving threatening to her that if she disclose the fact then he will kill her.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.66554 of 2022(2) dt.17-01-2023 2/2 case. He further submits that the occurrence took place on 03.07.2022 and FIR lodged on 06.07.2022 after a delay of three day. He submits that there is no any explanation for the delay in filing of the present FIR which creates serious doubt the prosecution case. He further submits that petitioner have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the delay in filing of the FIR, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Buxar Mahila P.S. Case No.45/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T