Ashok Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16860 of 2022 Arising Out of PS. Case No.-66 Year-2020 Thana- MANJHI District- Saran ====================================================== ASHOK SINGH Son of Late Sriram Singh Resident of Village - Dumari, P.s.- Manjhi, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 16.03.2022 at 6:00 AM, when his wife and mother had gone to attend nature's call, when Neeraj Kumar and Ravi Kumar with bad intention slammed informant's wife on the ground and tried to molest her on which his mother raised alarm, thereafter it is alleged that Neeraj assaulted informant's mother with knife on chest and arm and both the victims were injured, further the victims came home and disclosed the
Patna High Court CR. MISC. No.16860 of 2022(2) dt.23-09-2022 2/3 occurrence when the family members along with informant's wife went to the house of the accused where family members of the accused prevented them from registering a case to which the informant's family did not exceed and thereafter it is alleged that nine accused, including the petitioners, started indiscriminately assaulting the family members of the informant with farsa, iron rod, shaft and dab, it is also submitted that there is specific allegation against the accused persons by name as to who assault whom and by which weapon, it is further alleged that this petitioner along with Harendra assaulted with gun of the butt on chest, head and stomach and slammed the informant on the ground and further started to strangulate him with the gun of the butt.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the manner in which the occurrence has been alleged if the same is true then definitely the injury suffered by the injured would have been grievous but from perusal of Annexure-2 to the anticipatory bail application, it would manifest that the injury suffered is simple in nature, it is also submitted that from the side of the petitioner Manjhi P.S. Case No. 75 of 2020 has also been instituted.
Patna High Court CR. MISC. No.16860 of 2022(2) dt.23-09-2022 3/3 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 Manjhi P.S. Case No. 66 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T