Dhananjay Goswami @ Dhananjay Kumar v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4042 of 2024 Arising Out of PS. Case No.-594 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Dhananjay Goswami @ Dhananjay Kumar FATHER OF Bhagwan Das Goswami @ BHAGWAN GOSWAMI VILLAGE- SHRI NAGAR, PSMASAURHI DISTRICT- PATNA ... ... Petitioner/s
Versus
STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chhote Lal Mishra For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354B and 379/34 of the Indian Penal Code.
3. The petitioner in association of other co-accused is said to have entered into the house of the informant, assaulted her and also tried to outrage her modesty.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this due to dirty village politics. Both sides have filed cases against each other. It is further submitted that the informant was treated in PMCH but injury report is not
Patna High Court CR. MISC. No.4042 of 2024(2) dt.17-02-2024 2/2 available. The incident is said to be held on 01.07.2023 but the F.I.R. was lodged on 22.08.2023, after more than one and half month, without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Masaurhi P.S. Case No. 594 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T