Vikash Chaudhary @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84677 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- THALI District- Nawada ====================================================== Vikash Chaudhary @ Vikas Kumar SON OF UMESH CHAUDHARY Resident of Village- Pahraitha, P.S.- Thali, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar For the Opposite Party/s :
Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 452, 354(A), 354(B), 504, 506 of the Indian Penal Code.
3. Allegedly, the petitioner is said to have tried to outrage the modesty of the informant.
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. 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 incident took place on 03.09.2023 and the FIR was lodged on 06.09.2023 i.e. after a delay of three days which creates a serious doubt over the
Patna High Court CR. MISC. No.84677 of 2023(2) dt.15-01-2024 2/2 prosecution case. He further submits that both the parties are neighbour and there is a dispute regarding drainage between the parties. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is a delay in filing of FIR, 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 Thali P.S. Case No.219 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T