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Patna High CourtCR. MISC./9722/2024bail granted

Suraj Kewat v. The State Of Bihar

2024-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9722 of 2024 Arising Out of PS. Case No.-421 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Suraj Kewat, S/o Muneshwar Kewat @ Bhuneshwar Kevat, R/o VillageRamhari Pind, PS- Rajgir District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajgir P.S. Case no. 421 of 2023 registered under sections 341, 323, 324, 427, 354, 509, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while she was coming along with her husband, three accused persons namely Rohit Kumar, Kanhaiya Kumar and Vikash Kumar misbehaved with them, assaulted her husband and pushed her. She is in the family way. Thereafter, it is stated that on the informant giving information about the occurrence to her parents and on her parents going to protest, they were also abused and assaulted.

Patna High Court CR. MISC. No.9722 of 2024(2) dt.22-02-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case in course of investigation. Though there is specific allegation against the three named accused persons in the FIR, the petitioner is not named therein. His name transpired in the further statement of the informant. The allegations are general and omnibus in nature. The petitioner is in custody since 9.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not being named therein together with the petitioner having remained in custody since 9.11.2023, the petitioner is directed to be enlarged on bail in connection with Rajgir P.S. Case no.421 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

(Partha Sarthy, J) avinash/- U T