Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2083 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== MANISH KUMAR Son of Raju Das Resident of Village - Sabour, Harijan Tjola, P.S.- Sabour, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr.Zainul Abedin For the informant :

Mr. Rikesh Singh Mr. Rakesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2020 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 300 of 2019, disclosing offences under Sections 341/323/504/506/379/308/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner assaulted the informant by means of iron rod on her head.

Learned Counsel for the petitioner submits that the petitioner has not committed the offence in the manner alleged and both the parties are close door neighbours and the petitioner

Patna High Court CR. MISC. No.2083 of 2020(2) dt.02-03-2020 2/3 has falsely been implicated in the present case along with other family members. He further submits that from perusal of the impugned order, it would be evident that the injury caused to the informant was not serious in nature and, thus, the police has registered the case under Section 308 of the Indian Penal Code, and not under Section 307 of the Indian Penal Code. On the other hand, learned Counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that there is direct allegation of assault on the head of the informant by the petitioner and the injury has also been found on the head of the informant and, as such, the petitioner does not deserve privilege of anticipatory bail.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are close door neighbours and it appears that no serious injury has been found on the person of the informant, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, Manish Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.2083 of 2020(2) dt.02-03-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour Police Station Case No. 300 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √