Shivjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79740 of 2023 Arising Out of PS. Case No.-980 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Shivjee Singh S/O Late Daroga Singh R/O Village- Salempur, P.S- Isuapur, Distt.- Saran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sabita Devi W/O Bhushan Singh R/O Village- Salempur, P.S- Esuapur, Distt.- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 341, 354 of the Indian Penal Code.

3. On the alleged date and time of occurrence, petitioner is alleged to have caught the victim (complainant) in her room, torn her blouse and thereafter, tried to outrage her modesty.

4. It is submitted on behalf of petitioner that petitioner and complainant are pattidars and due to land dispute between them, this petitioner has been falsely implicated in this case. Two title suits are also pending between the parties and the allegations of outraging the modesty is ornamental in nature.

Patna High Court CR. MISC. No.79740 of 2023(2) dt.10-01-2024 2/2

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the fact that complainant and petitioner are close pattidars and there is land dispute between the parties, for which, two title suits are pending, the prayer for anticipatory bail of petitioner is allowed. In the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate / Incharge successor court, Saran at Chapra in connection with Saran Complaint Case No. 980 of 2019 (Tr. No. 1186 of 2023), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T