Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1988 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== CHANDAN KUMAR Son of Jawahar Rai R/V- Sarmstpur, P.S- Mahnar DistVaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 324, 307, 354, 34 of the Indian Penal Code.

As per the prosecution case, on the alleged date of occurrence, this petitioner tried to molest daughter of the informant and when informant & others went to complain his father, all the accused persons assaulted informant and her daughter.

It is submitted on behalf of petitioner that there is case and counter case. As a matter of fact, on the alleged date of occurrence, the informant and her family members were forcibly plucking jack-fruit from the tree standing on the land of petitioner's side, which was objected by the petitioner and

Patna High Court CR. MISC. No.1988 of 2023(2) dt.27-03-2023 2/2 others and due to that reason, a simple Maarpit took place between the parties. Injury is simple in nature. Both parties are gotiyas and there is no specific overt act against this petitioner. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the backdrop of the matter in which the alleged incident took place coupled with the fact that petitioner has got clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 C.J.M., Vaishali at Hajipur in connection with Mahanar P.S. Case No. 217 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T