Patna High Court – Orders
Vivek Kumar Singh vs The State Of Bihar on 7 March, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3864 of 2025
Arising Out of PS. Case No.-138 Year-2024 Thana- NOKHA District- Rohtas
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Vivek Kumar Singh S/o Late Basawan Singh Village-Mujrar, P.S.-Nokha
(Dharampura O.P.), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Surendra Kumar Choubey
For the Opposite Party/s : Mr.Yogendra Kumar
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-03-2025
1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Nokha (Dharampura O. P.) Police Station Case No. 138
of 2024, dated 10.04.2024, disclosing offences punishable
under Sections 341/323/354-B/504/506/379/34 of the
Indian Penal Code.
3. The prosecution case, as per the First Information Report,
is that on 10.04.2024, while the goat of the informant was
grazing in front of her house on her land, the petitioner
arrived there, started abusing the informant that her got
has grazed the vegetable land of the petitioner. It has been
alleged that the petitioner has also torn the clothes of the
informant, thereby outraged her modesty.
Patna High Court CR. MISC. No.3864 of 2025(2) dt.07-03-2025
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4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and a counter case has been lodged by the
petitioner for an occurrence, which has taken place on the
same date and time, alleging that while the goat of
Ramautar Yadav, husband of the informant, was grazing
in the vegetable land of the petitioner and the petitioner
was trying to get the goat out from his vegetable land, the
informant and other accused persons assaulted the
petitioner by lathi, danda, rod etc., due to which he
sustained fracture injuries on his hand and foot. The First
Information Report lodged by the petitioner, bearing
Nokha (Dharampura O.P.) Police Station Case No. 137 of
2024, is prior to the First Information Report lodged by
the informant. The allegation of outraging the modesty of
the informant is concocted and false.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are co-villagers, case and counter case is
there and the occurrence has taken place on the trivial
issue of grazing the field by the goat, I am inclined to
grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.3864 of 2025(2) dt.07-03-2025
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6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned 1 st
Additional Chief Judicial Magistrate, Rohtas, at Sasaram,
in connection with Nokha (Dharampura O.P.) Police
Station Case No. 138 of 2024, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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