Patna High CourtCR. MISC./85825/2024bail granted

Niraj Kumar @ Bataho @ Neeraj Kumar @ Bataha v. The State Of Bihar

2024-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85825 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Niraj Kumar @ Bataho @ Neeraj Kumar @ Bataha S/O Mahesh Paswan Resident of village- Simra Khurd, Police Station- Bhagwanpur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Smita Kumari For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2024

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 Bhagwanpur Police Station Case No. 155 of 2024, dated 08.06.2024, disclosing offences punishable under Sections 376/511/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 05.06.2024 while the informant was sleeping, the accused persons, including the petitioner, made her partially nude and when she woke up from her stupor, they fled away from the room. While fleeing away, they have been recognized by her brother- in- law and her son.

4. Learned Counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.85825 of 2024(2) dt.13-12-2024 2/3 has falsely been implicated due to family dispute. Both the parties are agnates and are residing side by side and there was dispute regarding payment of installment of tractor which was taken on loan by the informant's husband and re-payment to the Bank was made by the petitioner. When petitioner demanded his money back, he has falsely been implicated in the present case. The petitioner is the cousin brother-in-law of the informant. There is delay in lodging the First Information Report as the occurrence has allegedly taken place on 05.06.2024 but the First Information Report has been lodged on 08.06.2024 after three days.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that both the parties are agnates and the petitioner is said to be the cousin brother-in-law of the informant, I am inclined to grant anticipatory bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties

Patna High Court CR. MISC. No.85825 of 2024(2) dt.13-12-2024 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Bhagwanpur Police Station Case No. 155 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √