Mithilesh Kumar @ Mithilesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77878 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Mithilesh Kumar @ Mithilesh Mahto Son of Lala Mahto @ Arun Kumar Mahto Residents of Village - Parmanandpur Piyarma Tola, P.S. - Lalganj, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyameshwar Kumar Singh For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Lalganj Police Station Case No. 190 of 2024, dated 30.06.2024, disclosing offences under Sections 341/323/324/354B/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that objectionable photographs of the informant, along with the petitioner, was made viral on 03.06.2024 and the same was sent to the husband of the informant. When the husband of the informant went to object the action of the petitioner, the accused persons, including the petitioner, assaulted him and when the informant intervened, the
Patna High Court CR. MISC. No.77878 of 2024(2) dt.25-11-2024 2/3 petitioner tore her clothes and outraged her modesty.
4. Learned counsel for the petitioner submits that both the parties are neighbours and the petitioner has falsely been implicated in the present case due to previous dispute between them. He next submits that there is inordinate delay of 21 days in lodging of First Information Report inasmuch as the occurrence took place on 03.06.2024, but the FIR has been lodged on 24.06.2024. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and there is inordinate delay in lodging of the First Information Report, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj Police Station Case No. 190 of 2024, subject to
Patna High Court CR. MISC. No.77878 of 2024(2) dt.25-11-2024 3/3 the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T