Sindhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8890 of 2024 Arising Out of PS. Case No.-612 Year-2023 Thana- DHANARUA District- Patna ====================================================== Sindhu Kumar Son of Munna Kewat R/o vill / Mohalla - Sebadaha, P.S. - Dhanrua, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
02. In the present case, the petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 612 of 2023, registered for the alleged offence under Sections 323, 341, 308, 504, 506 of the Indian Penal Code.
03. As per prosecution case, the petitioner and other co-accused persons entered into the house of the informant and started abusing her. They were armed with lathi, danda and pistol. When the son of the informant came to rescue her, the petitioner hit him on his head with iron rod, causing its fracture.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The police
Patna High Court CR. MISC. No.8890 of 2024(3) dt.16-04-2024 2/3 proceeded in the matter without any basis and without holding any proper investigation. The petitioner has no connection in any manner with the offence as alleged. There appears no motive for the petitioner to commit the crime as alleged. The material collected by the police during investigation cause serious doubt on the prosecution version and non-corroborative statements have been taken into account. The injury report of the victim shows one incised wound over forehead and the injury is stated to be simple but the injury report is not corroborated by the allegation made in the FIR that the petitioner caused injury on the victim with an iron rod. Learned counsel further submits that a supplementary affidavit has been filed on 15.04.2024 online wherein it has been mentioned that petitioner has got criminal antecedent of one case.
05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the simple nature of injuries attributed to this petitioner and noncorroboration of the said injury with the allegation made in the FIR and further considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or
Patna High Court CR. MISC. No.8890 of 2024(3) dt.16-04-2024 3/3 surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistarte-II, Masaurih, Patna/concerned court in connection with Dhanarua P.S. Case No. 612 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Ashish/- U T