Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1398 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Sonu Kumar S/o Alagu Ram R/o Village- Karnpura (Pipra), P.S.- Durgawati, Distt- Kaimur (Bhabua).

... ... Petitioner/s

Versus

The State of Bihar.

. .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 13, Advocate :

Mr. Rohit Kumar, Advocate :

Ms. Priti Kumari, Advocate For the Opposite Party/s :

Mr. Yogender Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Manish Kumar No. 13 along with Mr. Rohit Kumar and Ms. Priti Kumari, learned counsels appearing on behalf of the petitioner and Mr. Yogender Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Durgawati P.S. Case No. 247 of 2023 registered under Section 341, 323, 354(B), 442, 379, 504, 506 and 509 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner tried to outrage the modesty of the informant in front of her husband and when he was not able to do the same, he snatched away golden Mangal Sutra and took away Rs.20,000/- cash.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the neighbour of the informant and due to enmity the case has been lodged against the petitioner.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submits that conduct of the

Patna High Court CR. MISC. No.1398 of 2024(2) dt.31-01-2024 2/2 petitioner must be contemned and petitioner does not deserve to be released on bail.

6. Considering the rival submission made on behalf of the parties, as well as, allegation made in the FIR, the allegation against the petitioner is of outraging the modesty of the victim in front of her husband and committing theft and at the same it has been alleged that the informant assaulted the husband of the petitioner. The allegation appears to be made due to enmity, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned 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., Mohania, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 247 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U T