Patna High CourtCR. MISC./74057/2024bail granted

Ranjit Kumar v. The State Of Bihar

2024-10-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74057 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ranjit Kumar S/o- Binda Sahani Resident of village- Jhitakahiya PsLakhaura District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Kariman Rai S/o- Late Ramlal Ram Resident of village- Jhitakahiya PsLakhaura District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite party : Mr. Dhiraj Kumar Rajesh, Adv. For the State :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned A.P.P for the State.

2. The petitioner is apprehending his arrest in a case in connection with Muffasil (Lakhaura) P.S. Case No. 486 of 2023 dated 09.07.2023 registered for the offences punishable u/ss 341, 323, 342, 354, 354B, 376, 511 read with Section 34 of the Indian Penal Code, Sections 3(i)(r)(s) of the Sceduled Castes and Scheduled Tribes (PoA) Act and Section 08 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have attempted to commit rape

Patna High Court CR. MISC. No.74057 of 2024(2) dt.23-10-2024 2/3 on the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 17 days in lodging the F.I.R. and there is no explanation for the same. The allegation made in the F.I.R. has not supported by the statement of the informant's daughter recorded under Section 164 of the Cr.P.C. as stated in para 10 of the bail petition. The informant was not seen at the place of occurrence. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State and learned counsel for the O.P. No. 2 have vehemently opposed the prayer for anticipatory bail of the petitioner and further submitted that the petitioner tried to commit rape on the minor daughter of the informant.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.74057 of 2024(2) dt.23-10-2024 3/3 amount each to the satisfaction of the learned Court concerned, Motihari, East Champaran, Bihar in connection with Muffasil (Lakhaura) P.S. Case No. 486 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T