Allowed

Jitendra Das v. The State of Bihar

Patna HC5 Jul 2024CR. MISC./37106/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case alleging attempted rape and tearing the informant's attire. The court noted allegations were general, a co-accused was already released on bail, and released the petitioner on anticipatory bail on furnishing bail bonds with two sureties, subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Petitioner released on anticipatory bail on furnishing bail bond of Rs. 25,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Jitendra Das Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37106 of 2023

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Arising Out of PS. Case No.-158 Year-2022 Thana- LAXMIPUR District- Jamui

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======================================================

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JITENDRA DAS son of Late Kanhay Das Village- Najari PS- Laxmipur DistJamui. ... ... Petitioner/s

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Versus

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The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 448, 354B, 379, 504 & 506/34 of the Indian Penal Code.

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The allegation against the petitioner is that he along with other co-accused is said to have tried to commit rape upon the informant while she was cooking food in her house. They also torn the attire of the informant.

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It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

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As a matter of fact, petitioner and informant are Gotiyas and present case has been lodged due to enmity and malicious

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Patna High Court CR. MISC. No.37106 of 2023(4) dt.05-07-2024 2/2

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motive to harass the petitioner and his family members. It is further submitted that no independent witness has supported the prosecution case. No one has sustained injury, which is evident from the impugned order. Similarly situated co-accused, namely, Rajedeep Kumar @ Rajdeep Das has already been released on bail by this Court vide order dated 20.07.2023 passed in Cr. Misc. No.31813 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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Having regard to the facts and circumstances of the case, 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 Laxmipur P.S. Case No. 158 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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Trivedi/-

Jitendra Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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