Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84415 of 2024 Arising Out of PS. Case No.-833 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Arjun Kumar Son of Ramlal Mahato Resident of Village - Parsa Rai Tola (Ward No. 8), P.S. - Majhaulia, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the State :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Majhaulia PS. Case No.-833 of 2022 dated 07.11.2022, registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 504 and 379/34 of the Indian Penal Code.
3. As per allegation, the accused persons including the petitioner came to the house of the informant and assaulted her and outraged her modesty.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that it is a counter blast to Majhaulia PS. Case No.-839 of 2022 lodged by the accused side for similar
Patna High Court CR. MISC. No.84415 of 2024(2) dt.11-12-2024 2/3 offences as alleged in the present case.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Bettiah, in connection with Majhaulia PS. Case No.-833 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing
Patna High Court CR. MISC. No.84415 of 2024(2) dt.11-12-2024 3/3 him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T