Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84708 of 2024 Arising Out of PS. Case No.-1346 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Vivek Kumar S/O Kosu Singh @ Kaushalendra Patel R/O Village- Sirpatpur, P.S- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Puja W/O Upesh Kumar R/O Village- Sirpatpur, P.S- Fatuha, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1346 (C) of 2022 registered for the offence punishable under Sections-452, 376, 511, 427 of the Indian Penal Code.

3. According to allegation, Kunnu Kumar @ Bashisht knocked the door of the complainant in absence of her family members. Karu Singh and Kunnu Kumar caught hold of the complainant and outraged modesty of the complainant. They also committed loot in her house. When she raised hue and cry, her husband, father-in-law and Bhainsur, Akhilesh came there. The allegation against the petitioner is that he assaulted Akhilesh with butt of the pistol.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.84708 of 2024(4) dt.09-09-2025 2/2 the recitals of the complaint petition itself shows that the petitioner is not amongst the persons who outraged modesty of the complainant rather they are Karu and Kunnu. His further submission is that the allegation against the petitioner is of assaulting the Bhainsur of the complainant with butt of the pistol on his head but no injury report was produced.

5. On the otherhand, learned counsel for the complainant has submitted that the complainant (victim) on S/A has stated that the petitioner was also involved alongwith co-accused Karu Singh in outraging the modesty of the complainant, to which, learned counsel for the petitioner replies that this fact does not find place in the recitals of the complaint.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender within four weeks before the court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class/concerned court, Patna City (Patna) in connection with Complaint Case No. 1346 (C) of 2022 subject to the conditions as laid down u/S 438(2) of the Cr.P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T