Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1140 of 2023 Arising Out of PS. Case No.-628 Year-2021 Thana- MANER District- Patna ====================================================== ABHISHEK KUMAR SON OF SATYENDRA KUMAR R/O VILLAGEBALUPAR, YOGI TOLA, P.S.- MANER, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Sinha For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 354(B), 504, 506 of the Indian Penal Code.

Allegedly, when the daughter of the informant was returning from her school, the petitioner followed her and misbehaved with her. He also abused her and threatened her that he will stop her from going to school, if she will inform her parents about the incident. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the FIR has been lodged after lapse of about 30 hours from the alleged incident. He further submits that the place

Patna High Court CR. MISC. No.1140 of 2023(3) dt.04-05-2023 2/2 of occurrence is a thickly populated area in busy road of locality, so the allegation of outraging modesty of a girl in the day light seems to be fictious one. There is no eye-witness in the present case. He further submits that the petitioner is a student of BA Hons. and facing competitive examination for getting recruited as employee. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner. Having regard to the facts and circumstances of the case as the petitioner is a student, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Maner P.S. Case No.628 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T