Mahesh Kumar Das @ Mahesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81129 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- Patour District- Darbhanga ====================================================== Mahesh Kumar Das @ Mahesh Das Son of Ram Narayan Das R/O Vill.- Pator, P.S.- Pator, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 76 of the Bhartiya Nyaya Sanhita.

3. As per FIR, when the victim was returning to her house after her coaching class, she was caught by the petitioner forcibly took her to orchard and touched her breast with bad intention.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 24.08.2024 but the FIR has been lodged on 11.09.2024 after delay of 17 days without explaining any reasonable cause of delay. He submits that the father of the informant is domineering person who

Patna High Court CR. MISC. No.81129 of 2024(2) dt.10-12-2024 2/2 wants to marry the informant with the petitioner forcibly. The petitioner and his family members are being threatened by the father of the informant to face bad consequence and for which the petitioner filed an informatory petition bearing Informatory Petition No. 1942 of 2024 in the court of the learned Chief Judicial Magistrate, Sadar, Darbhanga. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Pator P.S. Case No. 85 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T