Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16273 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- HILSA District- Nalanda ====================================================== 1.

DEEPAK KUMAR S/P DEVRATAN KEWAT R/o Mohalla- Bhurkur, P.S.- Hilsa, Kachhiawan, District- Nalanda 2.

Rajesh Kumar S/o Devratan Kewat R/o Mohalla- Bhurkur, P.S.- Hilsa, Kachhiawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Hilsa P.S. Case no. 280 of 2020 instituted for the offence under Sections 341, 323, 504, 354A/ 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, accused persons including the petitioners were ambushed in waiting of daughterin-law of the informant with bad intention. When she was going to response the nature's call, they tried to outrage her modesty. They have also assaulted the informant by means of iron rod on her head and leg resulting into severe injury. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.16273 of 2021(2) dt.08-12-2021 2/2 has submitted that petitioners are innocent and have committed no offence. There is case and counter case. Both parties have received injuries in the alleged occurrence. There is no specific allegation of assault against this petitioner rather allegations are general and omnibus in nature. They have no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Hilsa P.S. Case no. 280 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Hilsa subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U