Durgesh Upadhyay @ Digvijay Upadhyay @ Digvijay Nath Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81509 of 2019 Arising Out of PS. Case No.-362 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== DURGESH UPADHYAY @ DIGVIJAY UPADHYAY @ DIGVIJAY NATH UPADHYAY Son of Vijay Kumar Upadhyay @ Munna Upadhyay Resident of Village- Sisai, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 362 of 2019 for the offence registered under Sections 341, 354(A), 354(B), 354(D), 504 and 506 of the Indian Penal Code.

The allegation is regarding the petitioner having caught the hand of the daughter of the informant and threatened her to commit rape.

The learned counsel for the petitioner submits that on account of previous enmity, the informant of the present case has falsely implicated the petitioner with ulterior motive. It is further submitted that the petitioner is innocent and has

Patna High Court CR. MISC. No.81509 of 2019(2) dt.11-12-2019 2/2 committed no offence. Lastly, it is submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Gopalganj in connection with Barauli P.S. Case No. 362 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T