Munna Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89765 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Munna Goswami Son of Late Hakimdeo Goswami Village -Hata Tola Gopalpur P.S- Gopalpur District -Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupak Sharma Daughter of Rameshwar Goswami Village -Hata Tola Gopalpur P.S- Gopalpur District -Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Name of learned counsel for the informant was appearing in the cause list but nobody appeared on behalf of the informant. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 447, 448, 341, 323, 324, 380, 376, 511 of IPC and Sec. 8 of the POCSO Act.

4.

As per prosecution case, the petitioner is the father of the co-accused Gulshan Goswami and he is said to have assaulted the informant by means of farsa over her head. Other co-accused persons have taken away Rs.50,000/- and some papers after showing knife from her house by breaking lock. 5.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.89765 of 2024(2) dt.07-02-2025 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is fairly submitted that the allegation against the petitioner is to assault the informant by means of farsa but injury on the person of the informant was found to be simple in nature. There is case and counter case between the parties. Petitioner has three criminal antecedent as mentioned in para 3 of the bail application.

6.

Learned APP for the State opposed the prayer for bail. 7.

Having regard to the facts and circumstances of the case, and the nature of injury, 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 Gopalpur P.S. Case No.296 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T