Shishupal Swarnkar @ Kanhaiya Swarnkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23336 of 2024 Arising Out of PS. Case No.-930 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Shishupal Swarnkar @ Kanhaiya Swarnkar S/O- Jangbahadur Swarnkar R/OVillage- Azad Tola, Ward No.- 09, P.S.- Madhepura, Dist.- Madhepura. ... ... Petitioner/s
Versus
The State Of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 498A, 307, 354A, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and has been falsely implicated in the instant case by the informant. It is next submitted that informant was married to the brother of the petitioner. It is further submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegation. It is next submitted that no doubt in the order impugned it has been recorded that the injury suffered by the informant is grievous in nature but then the same
Patna High Court CR. MISC. No.23336 of 2024(2) dt.15-04-2024 2/2 is an error of record. It is next submitted that it has been specifically pleaded at Paras 8 and 9 that the doctor after examination did not find any external injury over the person of the injured and that the order impugned erroneously records that the injury suffered by the injured is grievous in nature. It is next submitted that petitioner is elder brother-in-law of the informant.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhepura P.S. Case No. 930 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T