Dilip Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12973 of 2024 Arising Out of PS. Case No.-22 Year-2021 Thana- BHIMPUR District- Supaul ====================================================== Dilip Mukhiya S/o Judilal Mukhiya R/o Village - Balaganj, P.S. - Bhimpur, Dist. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amrit Abhijat, Advocate For the State :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 354B, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, along with 5 to 6 unknown persons, including this petitioner, armed with weapons, were raising house in the land of the informant and as soon as she got the information, she went there and on protest, all the accused persons, assaulted on her head and left leg by means of iron rod. It is further alleged that this petitioner disrobed the informant and jumped on her chest and started beating her by leg and fist.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.12973 of 2024(2) dt.12-03-2024 2/2 behalf of the petitioner that due to previous property dispute between the parties, a simple scuffle took place. There is no injury report to substantiate the allegation of assault by this petitioner and rest of the allegations are general and omnibus. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, 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 Judicial Magistrate, 1st Class, Supaul, in connection with Bhimpur P.S. Case No.22 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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