Patna High CourtCR. MISC./20327/2023bail granted

Sunny Kumar v. The State Of Bihar

2023-05-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20327 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== Sunny Kumar S/o Sanjay Prasad, Resident of Village- Naya Tola Sabnima, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate Mr. Lal Babu Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Athmalgola P.S. Case No. 29 of 2022 dated 02.02.2022, instituted for the offence punishable under Sections 342, 323, 307, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner and co-accused is that on 30.01.2022 at about 04.00 p.m., when the informant was working domestic work at her house, the petitioner along with coaccused arrived at her house and abusing her and on protest, Sanjay Sao assaulted her. On hearing cry, her son Shankar Ray and Sharwan Ray came, who have also been assaulted with an iron rod by the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.20327 of 2023(2) dt.17-05-2023 2/2 case. Learned counsel for the petitioner submits that the date of occurrence is 30.01.2022 and First Information Report has been lodged on 02.02.2022, with a delay of two days. Learned counsel for the petitioner submits that earlier Athmalgola P.S. Case No. 28/2022 has been lodged by the parents of the petitioner against son and other family members of present informant. Learned counsel for the petitioner further submits that there is no specific allegation against the petitioner and allegation against the petitioner is general and omnibus. Lastly, it has been submitted that the petitioner is in custody since 21.11.2022 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let 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 S.D.J.M., Barh, Patna, in Athmalgola P.S. Case No. 29 of 2022.

(Khatim Reza, J) premchand/- U