Murari Kumar @ Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12398 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Murari Kumar @ Anish Kumar S/o Dasrath Chauhan R/o Village- Tarpar, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-03-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Manpur PS case no. 112 of 2023, disclosing offences punishable under Sections 341, 323, 354B, 448, 506/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 15.06.2023 at about 10 pm in the night, petitioner entered into the house of the informant through the roof of the house and misbehaved with his daughter-in-law. When the informant protested and raised alarm, Bharat Kumar arrived there and saw petitioner holding the victim. When brother of the informant arrived, then accused Dashrath Chauhan assaulted him causing head injury. Co-accused Prithivi Chauhan and Birendra Chauhan assaulted Mukesh Kumar.

4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.12398 of 2024(2) dt.14-03-2024 2/2 petitioner along with family members have falsely been implicated in this case due to dispute regarding storm water drainage. Learned counsel further submits that petitioner is 19 years old and is a student having no criminal antecedent. He next submits that both parties are close door neighbours and entire family members including father and brothers of the petitioner have been made accused.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are close door neighbours having dispute regarding drainage, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, 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 satisfaction of learned C.J.M. Nalanda at Biharsharif in connection with Manpur PS case no. 112 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T