Azad Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61605 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- VALMIKINAGAR District- West Champaran ====================================================== AZAD DEWAN, Son of Safik Diwan R/o Village- Pipra Kuti Power House Nahar, P.S.- Valmikinagar, District- West Chamapran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 The petitioner apprehends his arrest in connection with Valmikinagar P. S. Case No. 13 of 2019 registered under Sections 376 and 511/34 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act. Allegation against the petitioner is that petitioner along with two other persons took the daughter of the informant towards a forest with intention to commit rape and tried to commit the same but on alarm, several persons came and intervened in the matter and the daughter of the informant was saved.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due to previous animosity inasmuch as step mother of the

Patna High Court CR. MISC. No.61605 of 2019(2) dt.16-10-2019 2/2 petitioner had lodged an FIR bearing Valmikinagar P.S.Case No. 79 of 2017 against the husband of the informant and another. Learned counsel further submits that both parties reside in the same village and petitioner has no criminal antecedent. Having regard to the submissions made by the parties and taking into consideration the fact that both parties are covillagers and there appears to be previous enmity between the parties, as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, 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 1st Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with Valmikinagar P.S.Case No. 13 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T