Single judge issued oral order granting anticipatory bail to the petitioner for alleged offences under Sections 341 and 323 of IPC (outrage of modesty, assault) pending the investigation.
The petitioner shall be released on bail if arrested or surrenders within six weeks on furnishing bail bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1821 of 2022
Arising Out of PS. Case No.-167 Year-2021 Thana- BAHERA District- Darbhanga
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RADHE YADAV @ RADHE SHYAM YADAV S/O NUNU PRASAD YADAV R/o village- Adholoyam, P.S.- Bahera, District- Darbhanga
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar, Adv. For the Opposite Party/s : Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code.
The allegation against the petitioner is that he tried to outrage the modesty of the informant. Thereafter the petitioner and his father assaulted the informant by means of legs and fists.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in
Patna High Court CR. MISC. No.1821 of 2022(2) dt.27-07-2022 2/2
the manner as alleged, has ever taken place. The alleged occurrence took place on 11.08.2021 but the FIR has been lodged on 17.08.2021 i.e. after a delay of seven days and no plausible explanation has been advanceed for such delay, it creates doubt about the prosecution case. It is further submitted that petitioner has been implicated in this case due to previous grudge. Petitioner has one criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, considering the delay in lodging the FIR, 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 Bahera P.S. Case No.167/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail considering the delay of seven days in filing the FIR and available anticipatory bail conditions.
Whether the prima facie case is disclosed by the facts of the chamber where the petitioner needs anticipatory bail.
1 provisions across 1 enactments
Radhe Yadav @ Radhe Shyam Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
