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Patna High CourtCR. MISC./84273/2024allowed

Abhishek Das @ Chhote Lal Das v. The State Of Bihar

2024-12-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84273 of 2024 Arising Out of PS. Case No.-636 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Abhishek Das @ Chhote Lal Das S/o Late Mohan Das R/o 36/1 Banmali Naskar Road, P.S. - Behala, Kolkata, W.B.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 308, 323, 341, 504, 506, 34 of the IPC. 3.

Allegedly, the petitioner along with two unknown person arrived at the place of occurrence on motorcycle carrying iron rod and pistol. They stopped the informant and assaulted him with iron rod and butt of the pistol.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity and harassing attitude. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that informant has been sexually harassing the petitioner's wife since her childhood

Patna High Court CR. MISC. No.84273 of 2024(2) dt.16-12-2024 2/2 and she wrote a letter to the District Magistrate regarding offence committed by the informant since childhood. Due to this, informant has filed this fake case against the petitioner and his wife to pressurize upon them to take back this letter. Injury on the person of the informant was found to be simple in nature. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the nature of injury, let the above named petitioner, be released on bail, in the event of his 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 Muffasil P.S. Case No.636 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T