Awdhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17361 of 2023 Arising Out of PS. Case No.-41 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== Awdhesh Singh Son Of Late Shankar Singh Residents Of Village Gonahi, Ward No 4 P S Patahi, District East Champaran At Motihari Pin Code 845427 Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Informant/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 379, 324, 354, 34 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons including the petitioner came at the door of the informant with deadly weapons and assaulted the husband of the informant and when the informant raised

Patna High Court CR. MISC. No.17361 of 2023(2) dt.16-05-2023 2/3 protest, the accused persons outraged the modesty of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Both the parties are on litigating terms from before and in the background of some previous dispute, the petitioner has been roped in the present case. The specific accusation of assaulting by axe to the husband of the informant is against coaccused Raushan Singh. There is no consistent material evidence against the petitioner. The petitioner is languishing in custody since 21.01.2023.

Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.17361 of 2023(2) dt.16-05-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 41 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T