Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63210 of 2019 Arising Out of PS. Case No.-289 Year-2019 Thana- PALIGANJ District- Patna ====================================================== CHANDAN KUMAR S/O Late Rama Shankar Sharma Resident of Village Akbarpur, P.S. Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 376 and 511 of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant was alone in her house, the accused person entered into her house tried to outrage her modesty.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.8.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The allegation of making

Patna High Court CR. MISC. No.63210 of 2019(2) dt.14-11-2019 2/2 attempt to commit rape is falsified from the fact that the victim has filed a petition in the Court below where she has retracted from the statement made in the F.I.R. The said petition is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur in connection with Paliganj P.S. Case No. 289 of 2019.

(Sudhir Singh, J) Pankaj/- U T