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2025 DAILYLAW 91811 (PAT)

Abhishek Kumar Dwivedi @ Abhishek Dwivedi v. The State of Bihar

CR. MISC./3823/2025 · 2025-04-25

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3823 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- MAHILA P.S District- West Champaran ====================================================== Abhishek Kumar Dwivedi @ Abhishek Dwivedi S/O Shatrudhan Dwivedi @Shatrughan Dwibedi R/o - Kamalnath Nagar Near, K.P High School, Ward No.23, P.S - Bettiah nagar, District - west champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gauri Shankar Thakur For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 25-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case in connection with Bettiah Mahila P.S. Case No. 06 of 2024 dated 02.02.2024 registered for the offences punishable under Sections 343, 354A, 354B, 354C, 354D, 376, 420, 467, 468, 471 and 120B of the Indian Penal Code. 3. As per the prosecution case, the co-accused, Tribhuwan Mishra taking benefit of the circumstance of the victim showed himself as a journalist, he took away the victim in Nepal. Thereafter, the co-accused, Tribhuwan Mishra brought the victim from Nepal to Bettiah and kept her in Hotel. The co- accused, Tribhuwan Mishra made illicit relationship with the Patna High Court CR. MISC. No.3823 of 2025(2) dt.25-04-2025 2/3 victim and so many chance outraged her modesty. The co- accused, Tribhuwan Mishra used to give intoxicated drugs in the night to the victim and also called his two friends Chandan Kumar Dwivedi and Abhishek Dwivedi (the petitioner) for taking benefit of the worse circumstance of the victim. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the medical report, there is no evidence of sexual assault on the victim. The victim is a major. It is further submitted that the petitioner has no concern with the alleged offence. The other co-accused person has already been granted bail by this court vide order dated 10.07.2024 passed in Cr. Misc. No. 38872/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Patna High Court CR. MISC. No.3823 of 2025(2) dt.25-04-2025 3/3 Champaran in connection with Bettiah Mahila P.S. Case No. 06 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T