Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2969 of 2024 Arising Out of PS. Case No.-166 Year-2020 Thana- KHAIRA District- Saran ====================================================== Pawan Kumar Son of Brij Bihari Sah resident of Village and P.O Mahamda, P.S Garkha, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Prabhakar, Advocate For the Opposite Party/s :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Khaira (Nagra O.P.) P.S. Case No. 166 of 2020 dated 14.06.2020 instituted for the offence punishable under Sections 147, 148, 341, 323, 324, 354, 447, 379, 302, 504 of the Indian Penal Code.
3. Allegation against the petitioner is that he torn the cloth of the informant's sister-in-law(Bhabhi) and outraged her modesty. Main allegation is against the co-accused, namely, Ranjeet Sah, who assaulted the informant with knife.
4. Learned counsel for the petitioners submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the main allegation is against
Patna High Court CR. MISC. No.2969 of 2024(2) dt.31-01-2024 2/3 Ranjeet Sah, who assaulted the informant by means of knife, and he has been granted anticipatory bail vide order dated 04.04.2022 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 19184 of 2021. Allegation, as per the F.I.R, against the petitioner is that he has torn the cloth of the informant's sister-in-law, but during the course of investigation, no such clothes were produced before the investigating officer. Learned counsel for the petitioner further submits that the present case is the counter blast of Khaira P.S. Case No.158 of 2020 dated 04.06.2020, which has been lodged by the sister of the petitioner against the informant and others. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Khaira (Nagra O.P.) P.S. Case No. 166 of 2020, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.2969 of 2024(2) dt.31-01-2024 3/3 the learned J.M.- 1st Class, Chapra subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T