Patna High CourtCR. MISC./78393/2024bail granted

Raman Kumar v. The State Of Bihar

2024-12-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78393 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- MAHILA PS District- Khagaria ====================================================== Raman Kumar Son of Anil Chaudhary Resident of Village- Durgapur, P.S.- Khagaria, Distt.- Khagaria ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Sangita Tiwari wife of Shri Ashok Kumar Tiwari Resident of VillageDurgapur, P.S.- Khagaria, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Khagaria Mahila P.S. Case No. 24 of 2024 registered under Sections 354(B), 354 (D), 323, 341 and 34 of the I.P.C. and Section 8 of the POCSO Act.

3. As per the prosecution case on 26.05.2024 at 8:00 P.M. in the evening while the informant's daughter was sitting at the door, in the meanwhile, the petitioner came there and started abusing and threatened to kidnap her daughter. When the informant protested, the petitioner came along with his father and mother having iron rod in their hands. They entered into the house, caught hold of the hair of the informant's daughter and

Patna High Court CR. MISC. No.78393 of 2024(2) dt.04-12-2024 2/3 the petitioner misbehaved with the informant's daughter in order to outrage her modesty and torn her clothes. They assaulted with iron rod etc.

4. Learned counsel for the petitioner submits that both the parties are next door neighbours and a counter case has also been lodged by the mother of the petitioner bearing Complaint Case No. 358(C) of 2024, which has been converted into F.I.R. under Section 156(3) Cr.P.C. bearing Khagaria Mufassil P.S. Case No. 81 of 2024. Learned counsel submits that there is inordinate delay of eight days in lodging the F.I.R. inasmuch the occurrence has taken place on 26.05.2024 but the F.I.R. has been lodged on the basis of written report on 03.06.2024. The petitioner is a student and has appeared in the foundation examination held in June, 2024 by the Institute of Chartered Accountants of India. The petitioner is having no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are neighbours, case and counter case is there and the petitioner is a student having no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.78393 of 2024(2) dt.04-12-2024 3/3 anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Khagaria in connection with Khagaria Mahila P.S. Case No. 24 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T