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Patna High CourtCR. MISC./77132/2023allowed

Santosh Kumar Gupta v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77132 of 2023 Arising Out of PS. Case No.-557 Year-2022 Thana- RAJAON District- Banka ====================================================== Santosh Kumar Gupta S/O Jayanand Gupta @ Dayanand Gupta VillagePiparadih, Ps. Rajoun, Dist. Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 452, 354(B) of the Indian Penal Code. It is a case of outraging the modesty of the disabled minor daughter of the informant by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 25/26.11.2022, the F.I.R was registered on 27.11.2022 without explaining the delay. The petitioner

Patna High Court CR. MISC. No.77132 of 2023(2) dt.05-12-2023 2/2 is neighbour and agnate of the informant and in the background of some land dispute, the present accusation has been levelled against the petitioner. The petitioner is languishing in custody since 28.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 557 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T