Akshay Mahato @ Akshay Kumar @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6693 of 2024 Arising Out of PS. Case No.-1359 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Akshay Mahato @ Akshay Kumar @ Abhay Kumar Son Of Pashpat Mahato Resident Of Village - Nankar Motihari, P.S. - Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Majiran Khatoon Wife Of Chhotak Ansari Resident Of Village - Motihari, P.S. - Shikarpur, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Trial No. 15/2023 (arising out of Complaint Case No. 1359C/2022) registered for the offences punishable u/ss 341 and 354B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have outraged the modesty of the complainant. When the complainant's husband and brother-in-law went to the house of the petitioner to complain, the co-accused persons started abusing and assaulting them.

Patna High Court CR. MISC. No.6693 of 2024(2) dt.04-03-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case u/s 354B is made out against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Trial No. 15/2023 (arising out of Complaint Case No. 1359C/2022), subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T