Madan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25097 of 2021 Arising Out of PS. Case No.-364 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== Madan Rai, Son of Nathuni Rai, Resident of Village - Sawangiya, P.S.- Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhuban P.S. Case no. 364 of 2020 instituted for the offence under Sections 341, 323, 324, 325, 307, 504, 506, 34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and her son by the petitioner and other co-accused

Patna High Court CR. MISC. No. 25097 of 2021(2) dt.19-01-2022 2/3 persons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Both parties are agnates. Petitioner has inflicted injury to the informant and co-acused Arun Patel has inflicted injury to the son of the informant. Both have received simple injury, caused by hard and blunt substance, which appears from the opinion report annexed as Annexure-2 and 3 to the petition. General and omnibus allegations have been levelled against the petitioner.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhuban P.S. Case no. 364 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Motihari, East Champaran, subject to the conditions as laid down under section

Patna High Court CR. MISC. No. 25097 of 2021(2) dt.19-01-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T