The court has the discretion to grant anticipatory bail to a person who apprehends arrest in a non-bailable offence if the court is satisfied that the person is not likely to abscond or misuse the liberty granted to him.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2421 of 2023

Arising Out of PS. Case No.-197 Year-2022 Thana- BARAUNI District- Begusarai

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

KRANTI PASWAN @ PANKAJ PASWAN SON OF RAMSHANKAR

PASWAN R/O VILL.- WARD NO. 7 MOSADPUR, P.S.- BARAUNI

(REFINERY), DISTT.- BEGUSARAI

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Anuj Kumar, Advocate

:

Ms. Sagrika, Advocate

For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

11-01-2023

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 341, 323,

354((B), 448, 504, 506 and 509 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier

the petitioner had moved vide Cr. Misc. No. 39156 of 2022

seeking anticipatory bail, but the same was permitted to be

withdrawn with the liberty to file afresh application with proper

pleading and accordingly, in pursuance of the said liberty the

present anticipatory bail application has been filed. Learned

counsel for the petitioner submits that the petitioner is a person

with clean antecedent.

The informant alleges that in absence of her family

Patna High Court CR. MISC. No.2421 of 2023(2) dt.11-01-2023

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members the petitioner came and started knocking the door on

which she opened the door thinking that her father has come,

thereafter, it is alleged that petitioner forcefully took her inside

the room and dashed her on the bed and touched her

inappropriately on alarm her family members came, when

petitioner fled, it is next alleged that accordingly, the informant

informed her father about the occurrence on which her father

went to the house of the petitioner for enquiring, when he was

threatened.

Learned counsel for the petitioner submits that

petitioner has been falsely implicated in the present case, it is

next submitted that petitioner and informant are neighbours and

are known each other and petitioner had gone to meet the

informant, when her father came all of a sudden then the present

false case came to be instituted. Learned counsel next submits

that petitioner will not abscond rather will cooperate in the

investigation and will present himself as and when required by

the investigating officer for eliciting the truth.

Learned A.P.P. for the State opposes the prayer for

anticipatory bail of the petitioner.

Considering the submissions made by the learned

counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.2421 of 2023(2) dt.11-01-2023

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event of his arrest or surrender before the learned trial court

within a period of six weeks from today, be released on

anticipatory bail on furnishing bail bonds of Rs. 10,000/-

(Rupees Ten Thousand) with two sureties of the like amount

each to the satisfaction of the learned trial court where the case

is pending/successor court in connection with Barauni

(Refinery) P.S. Case No. 197 of 2022 subject to the conditions

as laid down under Section 438 (2) of the Cr.P.C.

Further, in the event, if the investigating officer of the

case files an application before the learned trial Court bringing

to its notice that the petitioner despite giving assurance to this

Court is not cooperating in the investigation or is not presenting

himself when called the learned trial Court after giving an

opportunity of hearing to the petitioner shall pass orders in

accordance with law and shall also have liberty to cancel his

bail bonds.

The learned trial Court is directed to send a copy of

this Order to the concerned P.S.

GauravSinha/-

(Satyavrat V