Dilip Ray @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12562 of 2025 Arising Out of PS. Case No.-2329 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Dilip Ray @ Dilip Kumar, aged about 47 years, Male, S/o Mahendra Ray, R/o village- Parihattha, Ward no. 1, P.S.- Musarigharari, Distt.- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manish Kumari @ Anisha Kumari, W/o Ankit Ray, R/o village- Parihattha, P.S.- Musarigharari, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No.2329 of 2023 dated 01.12.2023, instituted under Sections 307, 380/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the informant on her head by means of iron rod.

4. Learned counsel for the petitioner submits that specific allegation has been levelled against the petitioner that he assaulted the complainant on her head by means of iron rod, but there is no injury report attached with the complaint. It further appears that from perusal of the prescription of the

Patna High Court CR. MISC. No.12562 of 2025(2) dt.02-04-2025 2/2 doctor, who examined the complainant, that the same does not disclose any injury on the person of the complainant. It is also submitted that there is land dispute between the parties. Both sides are agnates. There is case and counter case between the parties. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur, in Complaint Case No.2329 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T