Virendra Singh @ Vikki @ Virendra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86478 of 2023 Arising Out of PS. Case No.-467 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Virendra Singh @ Vikki @ Virendra Prasad Singh Son of Ramadhar Singh Resident of Village - Barhad, P.S. hathauri, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ahiyapur Police Station Case No. 467 of 2023, dated 24.04.2023, disclosing offences under Sections 342/354/354B/376/511 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 15.03.2023, while the informant was returning to her home after duty, the petitioner came on motorcycle and took her to his office, situated near Om building, and in a room of the office, the petitioner started misbehaving with the informant and tried to commit rape.
4. Learned Counsel for the petitioner submits that from perusal of the First Information Report it would be evident that job of guard was provided to the informant
Patna High Court CR. MISC. No.86478 of 2023(2) dt.31-01-2024 2/3 by the petitioner. He next submits that the son of the petitioner runs a company in the name and style of T. G. R. Intelligence S. Services and is engaged in providing guards to the various agencies/organizations, as such, the job of guard to the informant was also provided by the son of the petitioner.
5. Learned counsel further submits that the present First Information Report has been lodged after delay of 40 days from the date of occurrence on the basis of false statement and as a counter-blast to the complaint case filed by the son of the petitioner bearing Complaint Case No. 802 of 2023, dated 14.03.2023, before learned Chief Judicial Magistrate, Muzaffarpur, stating therein, that the informant made a call and asked the petitioner to increase her salary and also demanded a sum of Rs. 50,000/- as advance. When the petitioner refused to fulfill the demands, the husband of the informant threatened the petitioner and also demanded Rs. 10 lakh as rangdari.
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the inordinate delay in lodging the First Information Report by the informant
Patna High Court CR. MISC. No.86478 of 2023(2) dt.31-01-2024 3/3 and the fact that prior to the date of occurrence, a complaint was lodged by the son of the petitioner in which the informant has been made accused no. 1, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur Police Station Case No. 467 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T