Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70533 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== RAKESH KUMAR Son of Rajendra Singh Resident of Village- Chhotki Dangra Ahar, Police Station- Arwal, Distirct- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Arwal P.S. Case N0. 250 of 2019, disclosing offences under Section 354B of the Indian Penal Code.

It is alleged in the First Information Report that at about 3. P.M on 10.08.2019 when the informant was waiting for some transport at a Tempo stand with a bag, the petitioner, who is her co-villager, came and snatched her bag. He is said to have again returned and attempted to outrage her modesty. The FIR came to be registered on the basis of written report on 13.08.2019.

Learned counsel appearing on behalf of the petitioner has submitted that it is absurd to believe that petitioner would first snatch the informant's valuables and after sometime he could again come back to outrage her

Patna High Court CR. MISC. No.70533 of 2019(2) dt.27-11-2019 2/2 modesty.

Be that as it may, considering the above submission and the fact that the FIR has been registered nearly three days after the alleged date of occurrence, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in 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 the learned Chief Judicial Magistrate, Arwal in Arwal P.S. Case No. 250 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U