Lakhendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76550 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SAHPUR District- Patna ====================================================== Lakhendra Kumar Son Of Jhimi Rai R/O Of Village- Hetanpur, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Sunit Kumar Srivastava, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Shahpur P.S. Case No. 30 of 2023 dated 19.01.2023 registered for the offences punishable u/ss 341, 323, 354A, 337, 504 read with section 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, when the informant was going to coaching class and she reached near Peepal tree, the petitioner caught hold of her hand. In the meantime, the informant's mother was coming for depositing the fee of coaching class. She saw the petitioner and protested. Then the petitioner abused and assaulted the informant's mother. It is further alleged that the informant and her mother returned to home and went to the house of the petitioner to complain, but the family members of the petitioner abused and threw bricks on the house of the informant.

Patna High Court CR. MISC. No.76550 of 2023(2) dt.20-12-2023 2/2

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. 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 bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Shahpur P.S. Case No. 30 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