Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85189 of 2019 Arising Out of PS. Case No.-310 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== RAJ KUMAR SINGH, S/o Ram Chandra Prasad Singh, R/o- Beur More, Radha Krishna Colony, Road No. 1, Behind Gulf Godown, Anishabad, P.S.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned Sr. Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 354, 504 and 509 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Nilam Kumari submitted before the Station House Officer, Khushrupur Police Station is to the effect the informant was working on the post of Bank Mitra in Punjab National Bank and the petitioner, being employee of the same bank, used to

Patna High Court CR. MISC. No.85189 of 2019(2) dt.20-02-2020 2/3 misbehave and call on the informant's mobile phone and used abusive and obscene language against her.

It is submitted by learned Sr. Counsel for the petitioner that the petitioner has maliciously been framed in the present case in the background of the fact that the petitioner is the permanent employee of the said bank while the informant is the temporary employee of the bank. Moreover, for the alleged occurrence of 17.09.2019, the FIR has been registered on 02.10.2019 and even assuming the accusation to be true, no offence under Section 354 of the I.P.C. is made out against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that there is specific accusation against the petitioner in the FIR. Considering the delayed lodging of the FIR and the fact that no offence under Section 354 of the I.P.C.

is made out against the petitioner coupled with statement made in paragraph No.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.85189 of 2019(2) dt.20-02-2020 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna City, in connection with Khusrupur P.S. Case No.310 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T