Krishna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8658 of 2024 Arising Out of PS. Case No.-1316 Year-2023 Thana- NAWADA District- Nawada ====================================================== Krishna Das S/O- Uma Das @ Umesh Das R/O- Village- Kadirganj, P.S.- Kadirganj, O.P- Dist.- Nawada.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Town (Kadirganj O.P.) P.S. Case No. 1316/2023 registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307/34 of the Indian Penal Code.

3. The allegation against this petitioner is to assault daughter of informant by using iron rod, causing bodily injuries having intention to cause her death.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was falsely implicated in present criminal case out of land dispute. It is further submitted that assault as alleged appears single, where nature of injury is also appearing simple, which are sufficient to suggest that

Patna High Court CR. MISC. No.8658 of 2024(2) dt.20-02-2024 2/2 petitioner was not under intention to cause the death of injured daughter of informant, which is a prime consideration to attract the case under Section 307 of Indian Penal Code. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances as the nature of injury is simple and as alleged assault also appears non-repeated, coupled with the fact that petitioner is a man of clean antecedent, accordingly, the above named petitioner, in the event of his arrest or surrender before the learned trial Court within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada/concerned Court, where the case is pending in connection with Town (Kadirganj O.P.) P.S. Case No. 1316 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) archana/- U T