Munna Kumar @ Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71443 of 2022 Arising Out of PS. Case No.-373 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== MUNNA KUMAR @ MUNNA RAM S/O RAM RUP RAM Resident of village- Dhobauli P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-04-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Dumra P.S. Case No. 373 of 2022 registered for the offences punishable under Sections 354B of the Indian Penal Code.

The allegation against the petitioner is to outrage the modesty of wife of informant, in the intervening night of 03.08.2022 at 03:00 AM, while she was sleeping in her house. Learned counsel appearing on behalf of the petitioner submitted that though the occurrence is alleged to taken place on 03.08.2022, but present FIR was lodged on 11.08.2022 only

Patna High Court CR. MISC. No.71443 of 2022(2) dt.29-04-2023 2/2 after unexplained delay of about 08 days, which is only suggesting false implication, arises out of neighbourhood dispute and differences. It is submitted that informant of the case is not eye-witness of the occurrence, where, implication only on the basis of hearsay input as provided to informant by his wife. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent.

Learned APP for the State, opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as informant appears hearsay, where, FIR is also delayed by 08 days without having any just explanation, 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 anticipatory 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.D.J.- VI, Sitamarhi /concerned Court, where the case is pending in connection with Dumra P.S. Case No. 373 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