Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69269 of 2022 Arising Out of PS. Case No.-534 Year-2022 Thana- FATUA District- Patna ====================================================== RANDHIR KUMAR S/o Uday Singh R/o- Sukulpur, P.S.- Fatuha, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2023 Heard learned counsel appearing on behalf of the parties.

The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Fatuha P.S. Case No.534 of 2022 registered for the offences punishable under Sections 323, 341, 354(B), 504 and 506 of the Indian Penal Code. The allegation against the petitioner is to outrage modesty of informant, where, threat was also made to not report the same before the police.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is the next door neighbour of informant and due to certain trivial issue/quarrel, between the female members of the family, the present false case was lodged against this petitioner, who is otherwise man of clean antecedent. While

Patna High Court CR. MISC. No.69269 of 2022(2) dt.01-05-2023 2/2 concluding the argument, it is pointed out that during course of investigation the husband of the informant who alleged to be present at the time of the occurrence, failed to support the allegation of outraging the modesty as raised through the present FIR.

Learned APP for the State, opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as the eye-witness of the occurrence failed to support the allegation of outraging modesty, as raised through the present FIR, let above named petitioner, in the event of his arrest or surrender before learned court below within a period of four weeks, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, Patna /concerned Court, where the case is pending in connection with Fatuha P.S. Case No.534 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T