Varun Khirhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79459 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- MOKAMAH District- Patna ====================================================== Varun Khirhar Late Shivjee Khirhar Resident Of Village- Mekra, Ward No. 14, Police Station- Mokama, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvnendra Kumar Thakur For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 457, 506 of the Indian Penal Code.
3. Petitioner is said to have tried to outrage the modesty of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that occurrence took place on 04.07.2022 but the FIR has been lodged on 12.07.2022 after delay of 8 days without explaining any reasonable cause of delay. He submits that neither 164 Cr.P.C. statement of the victim has been recorded nor medical examination has been done in the present case. He submits that the petitioner is the
Patna High Court CR. MISC. No.79459 of 2023(2) dt.14-12-2023 2/2 family member of the informant. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mokama P.S. Case No. 208 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T